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Streamlining of Asylum Procedures in the EU - An Analysis of the Procedures Regulation Proposal and its Compliance with the Principle of Non-Refoulement

Kvist, Robin LU (2017) JURM02 20171
Department of Law
Abstract
The big influx of people seeking asylum in EU Member States in recent years has led to many asylum seekers having to wait a long time for a decision on their asylum applications. For over 25 years, the EU has been encouraging Member States to adopt procedural measures in their national legislations to streamline asylum procedures and in July 2016, the EU Commission presented a proposal for a new Regulation on asylum procedures which proposes further measures to speed up asylum procedures or deflect the responsibility for asylum seekers to other countries.

While it is commonly seen as being in the interest of both asylum seekers and Member States that decisions on asylum applications are taken as soon as possible, measures to streamline... (More)
The big influx of people seeking asylum in EU Member States in recent years has led to many asylum seekers having to wait a long time for a decision on their asylum applications. For over 25 years, the EU has been encouraging Member States to adopt procedural measures in their national legislations to streamline asylum procedures and in July 2016, the EU Commission presented a proposal for a new Regulation on asylum procedures which proposes further measures to speed up asylum procedures or deflect the responsibility for asylum seekers to other countries.

While it is commonly seen as being in the interest of both asylum seekers and Member States that decisions on asylum applications are taken as soon as possible, measures to streamline asylum procedures are not uncontroversial since they risk compromising the protection of asylum seekers and be at variance with fundamental legal principles of international law.

This thesis studies the compatibility of three specific articles, closely related to the streamlining of asylum procedures, in the EU Commission’s Proposal for a new Procedures Regulation with obligations imposed on EU Member States by the principle of non-refoulement. The studied articles are the ones on admissibility procedures, accelerated procedures and implicit withdrawals of asylum applications. By conducting this study, this thesis wishes, not only to assess the compatibility of the specific Proposal with the principle of non-refoulement, but to contribute to a general discussion on the legal limit of states strives to streamline asylum procedures.

In the second chapter, the three studied articles of the Proposal are thoroughly analysed. In the next chapter, the most commonly accepted sources of international law are interpreted in order to examine what obligations the principle of non-refoulement impose on Member States when handling asylum applications. The results of the third chapter are then applied in the fourth chapter to assess whether the articles studied of the Proposal are compatible with the principle of non-refoulement.

The conclusions are that articles on admissibility procedures and accelerated procedures, at least in theory, probably are compatible with the principle of non-refoulement. The article on implicitly withdrawals of applications, however, will possibly lead to a breach of the prohibition on refoulement if adopted in the proposed way. (Less)
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author
Kvist, Robin LU
supervisor
organization
course
JURM02 20171
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
non-refoulement, public international law, migration law
language
English
id
8908818
date added to LUP
2017-06-08 17:03:57
date last changed
2017-06-08 17:03:57
@misc{8908818,
  abstract     = {The big influx of people seeking asylum in EU Member States in recent years has led to many asylum seekers having to wait a long time for a decision on their asylum applications. For over 25 years, the EU has been encouraging Member States to adopt procedural measures in their national legislations to streamline asylum procedures and in July 2016, the EU Commission presented a proposal for a new Regulation on asylum procedures which proposes further measures to speed up asylum procedures or deflect the responsibility for asylum seekers to other countries. 

While it is commonly seen as being in the interest of both asylum seekers and Member States that decisions on asylum applications are taken as soon as possible, measures to streamline asylum procedures are not uncontroversial since they risk compromising the protection of asylum seekers and be at variance with fundamental legal principles of international law.

This thesis studies the compatibility of three specific articles, closely related to the streamlining of asylum procedures, in the EU Commission’s Proposal for a new Procedures Regulation with obligations imposed on EU Member States by the principle of non-refoulement. The studied articles are the ones on admissibility procedures, accelerated procedures and implicit withdrawals of asylum applications. By conducting this study, this thesis wishes, not only to assess the compatibility of the specific Proposal with the principle of non-refoulement, but to contribute to a general discussion on the legal limit of states strives to streamline asylum procedures. 

In the second chapter, the three studied articles of the Proposal are thoroughly analysed. In the next chapter, the most commonly accepted sources of international law are interpreted in order to examine what obligations the principle of non-refoulement impose on Member States when handling asylum applications. The results of the third chapter are then applied in the fourth chapter to assess whether the articles studied of the Proposal are compatible with the principle of non-refoulement.

The conclusions are that articles on admissibility procedures and accelerated procedures, at least in theory, probably are compatible with the principle of non-refoulement. The article on implicitly withdrawals of applications, however, will possibly lead to a breach of the prohibition on refoulement if adopted in the proposed way.},
  author       = {Kvist, Robin},
  keyword      = {non-refoulement,public international law,migration law},
  language     = {eng},
  note         = {Student Paper},
  title        = {Streamlining of Asylum Procedures in the EU - An Analysis of the Procedures Regulation Proposal and its Compliance with the Principle of Non-Refoulement},
  year         = {2017},
}