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E Ct Hr And Ecj Overlapping Jurisdiction On Common Eu Asylum Policy Issues: What Matters?

983 words - 4 pages

Towards the ‘Dublin II’ Regulations
In the very beginning of cooperation among the European Communities asylum policies were exclusively in the competence of the State. First and foremost, it was relating to State’s international obligations as it was laid down in Refugee Convention. Situation started to change with the Treaty of Maastricht that has introduced an EU pillar structure. Hence, migration issues were covered under third pillar – Justice and Home Affairs (JHA). These issues for the first time became part of official EU policies as matters of common interest. However, even in this framework Member States (MS) retained discretionary powers for themselves. Thus migration issues ...view middle of the document...

Development of European Common Market required further abolishment of internal obstacles for free movement of person, thus migration issues became more and more important in EU level. Therefore, it is not surprising, that Schengen regulations ended up by inclusion in the Treaty of Amsterdam as acquis communautaire. Migration issues were brought from Third under the First pillar. Since then, issues of free movement persons, such as asylum, visa, immigration policies and external borders control were given up by MS for the competence of European Communities. Supra-governmentlism has prevailed in the First pillar, thus binding EU regulations and directives started to play crucial role in the field of asylum policies. Finally, with Treaty of Lisbon the pillar structure was abolished and all the matters of migration fall under new EU regime, where EU institutions gained even more weight. Therefore, ECJ, as one of supranational bodies of EU, had opportunity to expand its competence – through preliminary reference procedure and explanations for EU institutions.
Due to the length of this paper I will not discuss Tampere Conclusions, nor on Hague programme (2004) followed by Stockholm programme (2009). What is more, I will not elaborate on other asylum connected directives , but further I will focus on the developments towards the ‘Dublin II’ Regulations. As it was discussed above, rules set in Schengen Convention on responsibility for asylum applications were changed by Dublin Convention. Dublin Convention was triggered by the same idea of having free internal EU market. As Peers explains about first Dublin Convention, it “was agreed because Member States feared that loosening or abolishing internal border checks would lead to an increase in multiple asylum applications”. It was highly criticized for non-compliance with Refugee Convention requirements on the one hand, but on the other hand, Dublin Convention also was not so effective, as “only 6% of asylum applications were subjected to it”. Thus, there was a real need to make changes. However, MS will for higher efficiency outweighed human rights claims and led to even more strict regulations, known as The ‘Dublin II’ regulations. This regulation...

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