Author:
Cornelisse Galina,Reneman Marcelle
Abstract
This article analyses the (potential) role of the Global Compact for Migration and the Global Compact for Refugees in the development of EU law concerning asylum seekers who arrive at the external borders of the European Union (EU). Under the current rules, many asylum seekers are refused entry to the territory of the EU and detained while their asylum claim is examined in a border procedure. Some EU Member States even push back asylum seekers without a proper assessment of their needs for international protection. Despite widespread violations of the fundamental rights of asylum seekers at the external borders of the EU, the New Pact on Migration and Asylum presents the new integrated border procedure as an important instrument to ‘deal with mixed flows’ and make the Common European Asylum System (CEAS) work. However, the EU legislator has not substantiated the claim that border procedures will contribute to achieving the aims of the CEAS, such as the creation of a uniform, fair and efficient asylum procedure and prevention of abuse. Neither does the Pact provide a solution for pushbacks and systematic use of detention, nor does it guarantee the quality of the asylum procedure, including the identification of persons with special needs. The Pact therefore not only fails to comply with the EU’s own Better Regulation guidelines and protect the fundamental rights of asylum seekers, but it also ignores the standards of the Global Compacts. What role can the Global Compacts still play in the ongoing negotiations over the Pact?
Subject
General Earth and Planetary Sciences,General Environmental Science
Reference28 articles.
1. EU: Independent Monitoring Mechanism on EU Borders Must Ensure Fundamental Rights and Accountability,2020
2. The politics of evidence-based policy in Europe’s ‘migration crisis’
3. Reframing Relationships: Revisiting the Procedural Standards for Refugee Status Determination in Light of Recent Human Rights Treaty Body Jurisprudence
4. Whose Pact? The Cognitive Dimensions of the New EU Pact on Migration and Asylum;Carrera;CEPS Policy Insights,2020
5. The EU Pact on Migration and Asylum in Light of the United Nations Global Compact on Refugees;Carrera,2021
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