Europäische Institut für Menschenrechte - Prof. Dr. Dr. Ümit Yazıcıoğlu -
      Europäische Institut für Menschenrechte - Prof. Dr. Dr. Ümit Yazıcıoğlu -

Reforms in the European Union's Migration and Asylum Policies: An Assessment

Reforms in the European Union's Migration and Asylum Policies: An Assessment

 

Prof. Dr. Dr. Ümit Yazıcıoğlu

 

I. Introduction

 

     A.Objectives of the Study

The main purpose of this study is to evaluate the recent reforms in the migration and asylum policies of the European Union. It is aimed to examine the effects of these reforms on the EU's current policy and legal framework and the practical applicability of the changes in these policies. In addition, understanding the long-term effects of the reforms on the EU's migration and asylum policies and their potential impact on the changing dynamics in Europe's relations with migrants and asylum seekers is also among the objectives of this study.

 

B.Methodology

This study will be carried out using qualitative research methods. First, official documents, legislative texts and reports published by EU institutions will be examined in order to analyze in detail the latest reforms in the EU's migration and asylum policies. Then, a literature review will be conducted and academic studies and expert opinions on the EU's migration and asylum policies will be compiled. The main basis of this study will be the combination of existing policy documents and academic studies in the literature. Finally, in line with the data and analyses obtained, the effects and importance of the reforms made in the EU's migration and asylum policies will be discussed and inferences will be made. In this way, the results of the study will shed light on the future directions of the EU's migration and asylum policies.

 

II. Historical Background of the European Union's Migration and Asylum Policies

 

A.Development of EU Migration and Asylum Policies

The European Union has a long history of formulating its migration and asylum policies. The EU's policies in this area have developed together with the principle of free movement between the member states of the union. However, efforts to create a common policy on migration and asylum have faced several challenges since the establishment of the EU.

 

The development of the EU's migration and asylum policies has been shaped by political and social dynamics over time. In particular, the economic and political changes in the second half of the 20th century triggered important turning points in the EU's migration policies. For example, factors such as labor needs and political instability have influenced the EU's migrant admission policies.

 

B.Previous Policy and Legal Framework

In the earlier phases of the EU's migration and asylum policies, member states had a wide degree of autonomy in setting and implementing their own national policies. This situation has complicated the EU's efforts to create a common migration and asylum policy. Different policy approaches and practices among member states have led to different treatment of migrants and weakened the EU's internal cohesion.

 

The previous policy and legal framework have been decisive in determining the EU's policies in the field of migration and asylum. However, the coordination and coherence of these policies remained lacking. In particular, the lack of a common approach at the EU level on issues such as the asylum application process, asylum seekers' rights and integration policies has led to inconsistencies and inequalities within the union. This situation has revealed the need for a more comprehensive reform of the EU's migration and asylum policies.

 

III. Introduction of the New Pact on Migration and Asylum

 

A.Content and Objectives of the Pact

The new Pact on Migration and Asylum lays the foundation for a comprehensive reform of the European Union's migration and asylum policies. The pact aims to update and improve the EU's existing migration and asylum policies. Its main objectives include creating a fairer and more effective migration and asylum system within the EU, improving burden-sharing among member states and combating irregular migration.

 

The content of the pact includes a set of legislative arrangements that strengthen and renew the EU's migration and asylum policies in various areas. These arrangements include standardizing the asylum application process, developing policies that support the integration of asylum seekers, introducing more effective control measures at the EU's external borders, and establishing mechanisms to ensure a fair distribution of migrants among member states.

 

B.The Preparation Process and Acceptance Process of the Pact

The preparation process of the new Pact on Migration and Asylum has been complex and lengthy. Wide-ranging negotiations have taken place between the EU institutions, member states and other relevant stakeholders. These negotiations have been carried out intensively in order to achieve consensus between member states that have different interests and priorities in various policy areas of the EU.

 

The process of adopting the pact involved a complex legislative process between the institutions of the European Union. Intensive discussions took place between the Council of the EU and the European Parliament, and various committees and working groups were set up to ensure that all aspects of the pact were discussed. As a result, an agreement was reached at the end of a long negotiation process for the adoption of the pact, paving the way for a comprehensive reform of the EU's migration and asylum policies.

 

IV. Review of the Main Regulations under the Pact

 

A.Changes to the Asylum Application Process

Under the new Pact on Migration and Asylum, significant changes have been made to the asylum application process. These changes aim to process asylum applications more quickly and efficiently, and to make it easier to identify ineligible applications. However, changes to the asylum application process also guarantee the rights of applicants. For example, measures have been taken to provide better information and counselling services to asylum seekers.

 

B.Reforms in Asylum and Migration Management Rules

The pact includes significant reforms to the EU's asylum and migration management rules. These reforms aim to strengthen control at the EU's external borders, combat irregular migration and ensure a fairer distribution of migrants within the EU. In addition, the pact promotes closer cooperation and coordination among EU member states on the reception and integration of migrants. Within this framework, it is envisaged to develop common standards and best practices for the resettlement and integration of asylum seekers among EU member states.

 

C.Border Procedure and Crisis Management Mechanisms

The new Pact on Migration and Asylum also includes significant changes to the border procedure and crisis management mechanisms. Strengthening these mechanisms aims to increase control over the EU's external borders and to intervene more effectively in crisis situations. In this context, the use of new technologies and equipment is encouraged for more effective border security and surveillance at the EU's external borders. In addition, a special crisis management mechanism is envisaged to ensure better solidarity and coordination among EU member states in crisis situations. This mechanism aims to ensure that the EU responds quickly and effectively to crisis situations and that migrants are fairly distributed among member states.

 

V. Implementation of the Pact and Its Effects

 

A.Member States' Adaptation to the Legal and Institutional Infrastructure

The implementation of the new Pact on Migration and Asylum will require EU member states to adapt to their existing legal and institutional infrastructure. This process will involve member states reorganizing or strengthening their national laws and institutions to adapt to the new regulations introduced by the pact. However, it should be taken into account that the harmonization process may be different in each member state and may require more time and resources in some member states.

 

B.Effects of the Pact on Asylum and Migration Policies

The implications of the new Pact on Migration and Asylum on asylum and migration policies will be varied. First, the implementation of the new regulations introduced by the pact will help make the EU's migration and asylum policies more coherent and effective. This could lead to improvements in areas such as standardizing the asylum application process, developing policies that support the integration of asylum seekers, and taking more effective measures to combat irregular migration. However, it should be noted that the implementation of the pact may also face some difficulties and may cause uncertainties in some policy areas.

 

C.Predicted and Expected Results

The envisaged outcomes of the new Pact on Migration and Asylum will be varied. First of all, with the implementation of the pact, it is expected that a fairer and more effective system will be created in the EU's migration and asylum policies. This can be achieved by strengthening control at the EU's external borders, combating irregular migration and ensuring better integration of asylum seekers. In addition, the implementation of the pact is expected to ensure closer cooperation and solidarity among EU member states and to adopt a more coherent approach to migration and asylum policies. However, it should be taken into account that the implementation of the pact may also face some difficulties, and the expected results may not be fully realized.

 

VI. Discussion and Evaluation

 

A.Strengths and Achievements of the Pact

The strengths and achievements of the new Pact on Migration and Asylum can be seen in various areas. First, it is important that the pact forms the basis for a comprehensive reform of the EU's migration and asylum policies. The Pact aims to create a more effective migration management system by updating the EU's policies in the field of migration and asylum. In addition, the fact that the pact includes mechanisms to ensure a fairer burden-sharing and solidarity among member states can be considered as an important advance in the EU's migration and asylum policies. However, it is also a positive step that the pact standardizes the asylum application process and strengthens policies that support the integration of asylum seekers.

 

B.Vulnerabilities and Potential Problems

The weaknesses and potential problems of the new Pact on Migration and Asylum should not be ignored either. In particular, practical difficulties during the implementation of the pact and incompatibilities that may arise due to different policy choices between member states may be a significant concern. In addition, the fact that the pact causes uncertainties in some areas and is insufficient in some policy areas can be seen as a potential problem. For example, there may be uncertainties about the effectiveness of the pact's control measures at the external borders and the adequacy of policies that support the integration of asylum seekers.

 

C.Future Developments and Improvements

In the future, the EU's migration and asylum policies need to be further improved and developed. In this regard, it is important to solve problems that may arise during the implementation of the pact and eliminate deficiencies. In addition, closer cooperation and solidarity among member states is needed for more effective implementation of the EU's migration and asylum policies. However, it is also important to establish a migration and asylum policy that is better integrated with the EU's foreign and development policies. In this way, it can be ensured that the EU's migration and asylum policies are addressed with a more sustainable and comprehensive approach.

 

15 May 2024 Luxembourg

 

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