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COMMON EUROPEAN ASYLUM SYSTEM EVOLUTION AND ITS PERSPECTIVES

J. Janderova, S. Gyamfi

First published: 2018https://doi.org/10.5593/sgemsocialF2018/1.6/S02.029View metrics

Abstract

A common legal framework for immigration and asylum policies in the EU has been formulated as well as common procedure for implementing them by Member States. However, Member States do not always adhere to the EU approach adopting and disposing of common procedure for implementing immigration and asylum policies. Member States seek their national interest first leading to possible incompatibilities of national legislations and administrative practices with EU immigration and asylum regulations even though they are guided by EU rules due to the principle of primacy of EU law. The article explains the evolution of Common European Asylum System, its insufficiencies, and the CommissionВ’s proposal of new regulations seeking to augment the efficiency and capacity of the system to determine an asylum application effectively. It further analyzes the Emergency Relocation Scheme together with the ECJ decision dismissing the action of three Visegrad states seeking annulment of relevant CouncilВ’s decisions. It was discovered that despite the aim to tackle immigration issues CEAS needs to be improved with a corrective allocation mechanism for a fair sharing responsibility between Member States. It is therefore proposed to increase the current level of harmonization in the EU asylum legislation.

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Publication details

Title
COMMON EUROPEAN ASYLUM SYSTEM EVOLUTION AND ITS PERSPECTIVES
Authors
J. Janderova, S. Gyamfi
Proceedings
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publisher
STEF92 Technology
Year
2018
Pages
235-244
SWS Citekey
Janderova20182235244
ISSN
2367-5659
ISBN
978-619-7408-67-6
Language
en
Publication type
Proceedings Paper
Keywords
CEASimmigrationasylumEU lawrelocation schemecommon policies
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