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The Analysis Of Refugee Governance In Europe

Posted on:2020-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:J MaFull Text:PDF
GTID:2416330572987874Subject:International Law
Abstract/Summary:PDF Full Text Request
The outbreak of refugee flows in 2015 is by far the most serious refugee crisis facing Europe.Although the number of millions of refugees in Europe has improved slightly in recent years compared with the preliminary stage,problems caused by refugee flows remain unsolved,such as the failure of the Dublin system,mutual shirking of responsibilities among member states,rampant terrorism,the rise of far-right populist forces,and the crisis of refugee human rights.Therefore,this thesis systematically combs the contents related to European refugees,such as the basic theory of European refugee protection,the European regional human rights protection mechanism,the Common European Asylum System,and so on,and then analyses the specific reasons for the current plight of European refugee governance,and accordingly puts forward scientific and effective measures to deal with refugees.To study European refugee governance,firstly,this thesis defines the concept of refugees,especially in the context of the European Union.Secondly,refugee protection,as an important part of refugee governance,is a concrete manifestation of human rights protection in the field of asylum.Based on the theory of refugee's rights protection,the author makes an analysis and reflection on the protection of refugee's rnghts by European regional human rights protection mechanism.In addition,the author makes a detailed analysis and discussion on the important treaty documents and policy plans in the process of constructing the Common European Asylum System.For example,the abolition of internal borders in Schengen Agreement has enabled countries to consider co-ordination of asylum matters;Dublin Convention establishes the responsibility division mechanism for asylum application review responsibility,and Treaty of Maastricht classifies asylum as the third pillar of the European Union;Treaty of Amsterdam gives the European Union legislative power on asylum matters;Treaty of Lisbon empowers the European Parliament and the Council of the European Union to adopt common legislative procedures for effective majority decisions to legislate on asylum matters,which also provides a legal basis for the introduction of secondary legislation by European Union institutions;the three five-year plans of European Union provide policy guidance for EU asylum legislation.It can be seen that the Common European Asylum System,as the core tool of European refugee governance,has been gradually constructed through legislation at the EU level.Based on the analysis and summary of the above-mentioned system theory,this thesis tries to explore the causes of the refugee goveraance dilemma from the institutional level,the protection of human rights and national interests,such as the sovereignty and security of member states.The institutional reasons are the inherent drawbacks of Dublin system centered on the principles of "the first country of arrival"and "the safe third country",the limitations of European and American legislative power in the field of asylum and the inherent drawbacks of the system in which member countries dominate the decision-making of asylum.In addition,from the perspective of the paradox of human rights protection and national interests,EU member states put their national interests above the protection of refugee human rights in this refugee crisis,and shirk their responsibilities because of different national interests.Moreover,since the outbreak of the refugee crisis,terrorism has frequently threatened Europe.Therefore,in order to protect their own security interests,and then complete the refugee problem,countries continue to strictly control border management,and tighten refugee policies,thus resulting in the gradual deterioration of the human rights situation of refugees.Finally,based on the above reasons,the author proposes feasible reform directions for European refugee governance,that is,the European Union and its member states need to speed up the latest revision of Dublin Rules,promote the legalization of refugee reallocation mechanism and consider the initiation of temporary protection mechanism.Additionally,the European Union should strengthen its human rights protection for Refugees,such as exploring conflict resolutions and providing more assistance in the Middle East,North Africa and other regions as well as implementing the proper resettlement of the refugees,thus promoting the better integration of refugees into society.
Keywords/Search Tags:Refugee, Refugee Protection, Common European Asylum System, Differentiation of Interests, Refugee Governance
PDF Full Text Request
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