This paper studies the Swedish Alien’s Act regulations regarding individuals in need of international protection. The purpose of the essay is to examine the differences between the three grounds of protection that are found in the Swedish Alien’s Act. Central questions have been whether the origins of protection statuses granted in this act are national or international, as the UN convention relating to the status of refugees and also the progress of the European Union’s Common European Asylum System both are affecting the Swedish legislation. The international relation’s theoretical perspectives of realism and liberalism have been applied in the analysis of what ideas and international political backgrounds have been found. The resulting conclusion is that only one category out of three is purely a result of the Swedish legislation. The common European asylum system affects and controls a large part of what is called Swedish asylum policy. It is concluded that liberal political-philosophical ideas of human rights are dominating the ideological background, and that liberal ideas of freedom from economical hindrances and also institutionalism has formed the system we have today. An interesting paradox is seen in the European Union’s growing concern of security and external borders, which is more typical in a realist, state-centered perspective.

An impact of the qualifying directive upon the position of a refugee in the EU - Abstract This thesis deals with an impact of the qualifying directive upon the position of a refugee in the EU. The purpose of the thesis is to analyse partial provisions of the directive1 and to explore their impact upon refugees and people with a status of subsidiary protection. Issues of asylum are being discussed a lot at this time with regard to thousands of people in need of an international protection. The thesis consists of introduction, five chapters and conclusion. The introduction determines subject matter of the thesis and factual situation of asylum in EU. Chapter one is divided into two subchapters. Subchapter one illustrates historical development of Common European Asylum System. Subchapter two outlines legal basis of the directive and it is divided into four parts. Chapter two is the most comprehensive. It explains conditions for an obtaining of refugee status in accordance with the direction. It contents five subchapters. Subchapter one focuses on definition of refugee which features person needs for obtaining refugee status. Subchapter two describes the term "well-founded fear of persecution" which is crucial for the definition. It consists of four parts and each of them deals with the specific aspects of the...

Le flux massif des réfugiés provenant de la Syrie a pris au dépourvu la capacité d'accueil de certains pays euro-méditerranéens, et mis en relief l'absence de solidarité et de partage équitable de responsabilités entre les États de l'Union européenne. En premier lieu, cette étude définit le concept de “burden-sharing” entendu comme une mesure concrète de solidarité à réaliser à travers la distribution des risques et des coûts parmi les membres d'un groupe pour la réalisation d'un objectif commun. Après avoir analysé l’évolution de ce principe dans le droit international, on évalue sa mise en oeuvre dans l’ordre juridique de l’Union européenne, notamment, dans le Système Européen Commun d'Asile (SECA) consacré par l’article 80 TFUE. En analysant le system Dublin et les réponses les plus actuelles à l’émergence syrienne on conclut que l’Union européenne est encore loin de la complète réalisation du principe du burden sharing. / The massive flow of refugees from Syria caught out the reception capacity of some Euro-Mediterranean countries, and highlighted the lack of solidarity and fair sharing of responsibilities among the States of the European Union. Firstly, this study defines the concept of "burden-sharing" conceived as a concrete measure of solidarity to be accomplished through the distribution of risks and costs among the members of a group in order to achieve a common goal. After analyzing the evolution of this principle in international law, we evaluate its implementation in the legal order of the European Union, particularly in the European Common Asylum System (CEAS) as enshrined in Article 80 TFEU. By assessing the Dublin system and the most current answers to the Syrian emergence, we will argue that the European Union is still far from the full realization of the principle of burden sharing.

Building on three theories of European integration – liberal intergovernmentalism, neofunctionalism and postfunctionalism – I offer an explanation to the process and outcomes of the development of the Common European Asylum System (CEAS) between 2008 and 2018. The process to establish the CEAS has been characterized by clashing actor preferences, which forced actors into negotiations. This thesis aims to analyze the dynamics of these negotiations surrounding the CEAS. My results show that liberal intergovernmentalism explains locked positions in interstate bargaining and highly compromised outcomes, and even non-decisions, of the CEAS. I also argue that neofunctionalism loses explanatory power when sensitive issues concerning automatic quota systems and national sovereignty are discussed, although many arguments by the involved actors in the policy process draw upon neofunctional assumptions. Postfunctionalism is argued to gain explanatory power during recent years, since identityrelated arguments and Eurosceptical and anti-immigrant ideas in European governments have increased.

The main aim of this research is to holistically analyse the content and critically assess the development of EU’s ‘Common European Asylum System’ (CEAS). It is pursued in three consecutive steps. The research first offers a deeper understanding of the CEAS, a notion that despite its centrality to EU’s asylum policy lacks a precise definition. This gap forms the natural starting point of this study. The study advances its own substantial understanding, which includes the modes of implementation of the policy. Hence, it retraces the main modes of implementation in the initial policy design. As a second step, the research focuses on a principle that should be central to the design and implementation of this policy, the principle of solidarity and fair sharing of responsibility. It argues that this principle unsettles the initial administration paradigms. The third step is to analyse an element that has not been explored so far by legal literature, namely the administrative governance of CEAS, as it pertains to its implementation. On this basis it examines the institutionalisation of practical co-operation, people-sharing arrangements and EU funding. It is a study of the European administration in action in the area of asylum. I critically assess the adaptations made to the policy design since its inception, including those catapulted by the so-called refugee crisis. On this basis, the research proposes potential avenues for the future development of the asylum policy. / Doctorat en Sciences juridiques / info:eu-repo/semantics/nonPublished

Denna uppsats ämnar att undersöka arbetet med den gemensamma asyl policyn inom EU.Beslutet för policyn togs 1999 vid EU mötet i Finska Tammerfors och började med en plan på fem år.Jag vill i denna studie se vad som har hänt sedan 1999 och effekten av detta på personer som söker asyl inom EU:s gränser. Detta är ett interdisciplinärt arbete genom att jag ser på faktorer som de legala utvecklingarna genom vilka lagar som presenterats och implementerats samt ett frågeformulär som jag sänt till personer som jobbar för organisationer i samarbete med the European Council for Refugees and Exiles för att få deras syn på utvecklingen. Jag presenterar även statistik och diagram från the United Nations High Commissioner for Refugees för att illustrera mönster i utvecklingen av migrationsmönster. Utgångspunkten för harmoniseringen är att alla Medlems Stater ska behandla ansökningar om asyl på ett likvärdigt sätt, men under nuvarande omständigheter verkar det som att det finns stora skillnader i antalet ansökningar, antalet erkända flyktingar och vilken status som godkänns inom EU:s medlemsländer.Dublin regulationen uppfattas som ett orättvist verktyg mot asylsökanden eftersom staterna har olikheter i erkännandet och olika status för flyktingar. EU:s medlemsländer har en ganska lång väg kvar i harmoniseringsarbetet innan de kan hävda att de har likvärdig hantering av asylsökanden. / The aim of this study is to investigate the development of the Common European Asylum System which was called for at the Tampere European Council in 1999. The intention was to harmonize the legal standards of asylum seekers and refugees and coordinating the policies Thus, with this study I want to give an account as to what has happened so far and what effect this might have had on asylum seekers in the Member States of the European Union.This is done through an interdisciplinary approach by looking at the developments in the legal section as to what laws have been passed and implemented so far but also with a questionnaire sent to organizations working in connection to European Council for Refugees and Exiles aiming to understand their perception of the harmonization process. Further, I present statistics and diagrams taken from statistic publications of the United Nations High Commissioner for Refugees in order to illustrate patterns in the history of migration as to trends and patterns.The main idea of the harmonization process is that all Member States should treat asylum applications in a similar way. However at present there still seems to be major differences in the numbers of applications, the recognition rates and what status granted between the Member States of the European Union. The Dublin Regulation is perceived as an unjust tool against the asylum seekers since states have differences in the recognition and statuses. The Member States of the European Union still have a very long way to go in this harmonization process to claim equal treatment of asylum seekers.

This study examines the asylum process in Europe from the perspective of unaccompanied refugee children affected by the Dublin Regulation. The aim is to explore whether these children get access to a legally certain asylum process in the Common European Asylum System by comparing the experiences of the children with legal documents, directives and guidelines on how the procedure should be implemented. The study has been conducted as a multiple case study where information has been collected from previous research, published stories and reports, news articles, legal documents and an interview with a representative from a local network supporting asylum seekers living in clandestinity. The study uses the theory of Hannah Arendt regarding the right to have rights, examining whether the children’s experiences of the asylum process in Europe compared to legal documents show signs of them being excluded from a legally certain process and what that may mean for their human rights to be implemented and protected. International human rights law states that children, and especially unaccompanied refugee children shall always receive special protection due to their vulnerable status and the European Union should guarantee a legally certain asylum procedure for all refugees in all member states. This study illuminates difficulties for unaccompanied refugee children affected by the Dublin Regulation to get access to a legally certain asylum process in Europe and in accordance with the theory of Arendt their functional statelessness tend to exclude them from getting human rights, advocated as universal, fulfilled.

The subject matter of my thesis is the Dublin system which includes the Council Regulation (EC) No 343/2003 of 18. February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national and the Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention. The aim of this thesis is to acquaint its readers, point out the shortcomings and benefits of the existing regulation and evaluate the application of both regulations. I was trying to explain the functioning of this system with the help of the cases of ECHR and CJEU. My thesis is divided into five chapters. In the first chapter, I focused on the development of a common European asylum system before the adoption of the Regulation and then also at the Regulation itself and the objectives it observes. The second chapter is devoted to the principles and criteria for determining the responsibility of the Member State to examine an asylum application. After I mentioned the general principles set out in the Regulation, I have dealt with the actual procedure of determining the Member State. There is also...

Governments around the world use immigration detention to detain and deport irregular immigrants, which negatively affects their health. The aim of this thesis was to explore, describe and identify factors that could mitigate the effect of immigration detention on the health of detainees. This was a mixed method study using qualitative methods (Papers I and II), quantitative methods (Paper III) and descriptive case comparison (Paper IV) comparing the Swedish system to the system in the Benelux countries (Belgium, the Netherlands and Luxembourg). The study design was strengthened by triangulation of methods and data sources. Detainees experienced lack of control over their own lives due to lack of information in a language they can understand, inadequate responses from detention staff and restrictions within detention centers further limiting their liberty. Duration of detention was negatively associated with satisfaction of services provided in detention and the detainees’ Quality of Life (QOL). Detainees had low QOL domain scores with the psychological domain having the lowest score (41.9/100). The most significant factor positively associated with the QOL of detainees was the support received from detention staff. A sense of fear was present among detainees and staff. Detainees’ fear was due to their inadequate interaction with authorities, perceiving it as threatening, and due to their worry of facing repercussions of being involved in incidents caused by others. The potential for physical threat from detainees created a sense of fear among the staff. The detention staff expressed the need for more support to manage their emotional dilemma and role conflict of being a civil servant, simultaneously enabling the deportation process while providing humane care to detainees as fellow human beings. Detention centers in the Benelux countries had more categories of staff providing different services to detainees. Compared to the Benelux countries, healthcare services at the Swedish detention centers were limited. Detainees were offered no medical screening on arrival and no regular access to mental healthcare professionals. Detaining authorities have the obligation to safeguard the health of detainees. Challenges faced by the detention staff and detainees must be addressed to create a supportive environment and fulfill that obligation.

The aim of the thesis is to analyse asylum law of the European Union with focus on the changes, which introduced the Treaty of Lisbon. The paper describes development of the EU asylum law, establishing of the Common European Asylum System (CAES) and changes that Lisbon Treaty introduced in comparison with the former regulation. The text also deals with the right to asylum, which is established in the Charter of Fundamental Rights of the EU. The thesis is divided into 7 chapters. In the first part of the paper the author follows historical development of the asylum law of the European Union and beginning of the harmonization until adoption of the Amsterdam Treaty. The second chapter is dedicated to the establishment of the CAES, which more than 10 years ago became main priority of the asylum policy of the EU and which aims to harmonize asylum laws of the Member States and therefore ensure a unified application not only of international, but also of European legislation from this area. Recent major changes in the structure and functioning of the European Union, which were introduced by the Lisbon Treaty, are in general outlined in the third chapter of this paper. Detailed description of changes is presented in the next chapter, which is divided into section according to the institutions. Each...