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.

This essay studies the European Union and the European asylum system from Max Webers authority theory. The EU considers to be an area of freedom and human rights, but recent events have shown inadequacies in the asylum system that was established by the Dublin Regulation 2003. The Hungarian government is one of the member countries of the EU that has refused and declined their obligations towards the EU. The aim of this study is to see why the EU have failed in implementing a functioning asylum policy and how the lack of authority have resulted in an insufficient asylum system for an international organization. The conclusion in this essay is that the Union is allowing member countries to not be cooperating with the European laws and the absence of authority and efficiency has led to some of the member countries to take advantage of it.

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 aim of this thesis is to explore the asylum process from an experiential perspective, starting in the country of origin, fleeing, claiming asylum and being granted refugee status. The theoretical interest is to contribute with an understanding of how this asylum process impacts on personal meaning-making, focusing on identification and positioning work of the person forced to flee and make an asylum claim. With this purpose in mind, I have remained close to the experiences of the participants talk made visible through interpretative analysis.   Drawing on a discursive-psychological approach, 19 interview-cases (10 in England and 9 in Sweden) have been analysed consisting of stories of the migration process: life in the country of origin, fleeing, claiming asylum and being granted refugee status. This talk includes rich description of what this has involved for these participants, in terms of the more existential aspects of this kind of migration, identification and positioning, as well as their attempts to give this process some sort of meaning. This I name refugeeship.   The results show that refugeeship is characterised by a multitude of implicit and explicit questionings concerning the refugee’s rights and duties. Implicit questions concerning the refugee’s flight, starting in the country of origin are followed by explicit questions when encountering the official legal system of asylum in the new country, which involves an erosion of sense of self. The refugee stories express what I call the moral career of refugeeship, illustrating the events in refugeeship which are ongoing, though changeable over time and space and incorporate a moral dimension. The refugee finds him or herself continuously justifying the migration, struggling for recognition and convincing ‘Others’ that one can in fact become a contributing member of  the new society.

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

The Master thesis The Reform of Canada's Asylum System deals with the refugee issue in Canada. Canada's asylum system has been the subject of controversy almost since its inception in the 1970s. The asylum system has been crippled by a cumbersome inland refugee determination process which resulted in a huge backlog of unresolved asylum claims. Even though various governments have tried to reform the dysfunctional system, newly implemented measures only have led to even bigger backlog and longer delays, which encourage people who are not in need of protection to make an asylum claim knowing they will be able to skip the regular but lengthy immigration process and have immediate access to a range of generous social benefits. The thesis analyzes the problems of the existing asylum system which are seen in a general access to the refugee determination process, in its expensiveness, in the inefficiency of the immigration authorities, and in long delays allowing the asylum seekers to live and work in Canada for many years. Analyzing the expected outcomes of the new reform, the thesis assesses whether the new proposal of Canadian refugee and asylum policy will be finally successful in resolving the problems that are crippling Canada's asylum system or whether it will be rather classified just as another...

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.