Review article
The Europeanization of Asylum Policy: From Sovereignty via Harmony to Unity
Goranka Lalić Novak
; Zagreb Polytechnic for Social Sciences, University of Zagreb, Zagreb, Croatia
Ivan Padjen
orcid.org/0000-0001-7606-2337
; Faculty of Law, University of Rijeka, Rijeka, Croatia
Abstract
To what extent do asylum decisions within the EU amount to an EU asylum
policy? The paper tackles the question within a simplified and amended
framework recommended by Lasswell and McDougal’s policy analysis (the
amendment is that the postulation of basic public order goals has three interrelated
functions: the explication of evaluative assumptions entertained by
a policy analyst; the articulation, appraisal, revision and ordering of the assumptions,
which result in a prescription of public order goals; the identification
and ordering, from among a potentially endless flow of empirical data, of
those decisions that conform to the postulated goals).
The principal postulated goal is human dignity or a free society. Subordinate
goals include the right to life, the right to freedom, the rule of law, and solidarity.
The analysis of tendencies in decision, although exhaustive, does not suffice
to give an unequivocal answer to the principal question. A major reason is a
discrepancy between the EU treaties and directives on asylum, which allegedly
are the basic and the implementing EU instruments respectively. However,
it is apparent that minimum standards are an insufficient incentive for
the proper harmonisation of national asylum systems, and leave a too high
level of discretion to the member states regarding the transposition of the legal
acquis into national systems.
The Europeanization of asylum policy has not been inspired by humanitarian
considerations, but by policies of the member states to discourage and prevent
asylum seekers to access state territories on the one hand, and to promptly and
efficiently process asylum applications on the other.
European institutions will probably keep putting efforts into the building of
the Common Asylum System and harmonisation of national asylum systems,
particularly in the direction of the establishment of a single procedure and
uniform refugee status at the level of the entire Union. However, the question
now arises as to what degree the member states will actually harmonise their
national asylum systems with the specified higher standards.
Even an appropriate asylum system will be of little importance if it is not accompanied
by specific measures that allow for the possibility of access to
the asylum system and protection in the EU territory. Changes in the policy
of management of the external borders, which restricts access to the asylum
policy in various ways, are necessary so as to ensure full respect for the right
to seek asylum.
Keywords
asylum policy; Lasswell and McDougal; Common Asylum System; Europeanization; Croatia
Hrčak ID:
55632
URI
Publication date:
5.5.2010.
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