EU Migration and Asylum Law

Study Notes

The lecture covers the historical development, constitutional framework, overview of EU measures on migration and asylum, the 'refugee crisis' and the Dublin system, and moving forward with reforming and improving EU migration and asylum law.

The EU has developed a common policy on migration and asylum, with a focus on the free movement of persons and the abolition of internal border controls.
The Schengen acquis developed outside the legal framework of EU law, but was later incorporated into the supranational legal framework with the Treaty of Amsterdam.
The UK, Ireland, and Denmark have opted out of the Schengen area.
The abolition of border controls has led to the fear of unchecked cross-border security threats, and the introduction of "flanking measures" to compensate for the security risks.
These measures include the Schengen Information System, the Dublin system for asylum applications, and common rules on external border control.

The EU's competence in migration and asylum law is based on Articles 77, 78, and 79 of the Treaty on the Functioning of the European Union (TFEU).
The EU's legal acts in this field must respect the constitutional framework, including fundamental rights, the Geneva Refugee Convention, and the principle of solidarity and fair sharing of responsibility.

Schengen and Visa Law: Regulation 2016/399 (Schengen Borders Code) and Regulation 810/2009 (Visa Code).
Common European Asylum System: Directive 2011/95/EU (Qualification Directive), Directive 2013/32/EU (Procedures Directive), Directive 2013/33/EU (Reception Conditions Directive), Regulation (EU) 604/2013 (Dublin III Regulation), and Regulation (EU) 603/2013 (EURODAC Regulation).
Immigration Law: Directive 2003/86/EC (Family Reunification Directive), Directive 2003/109/EC (Long-Term Residence Directive), and Directive 2008/115 (Return Directive).

The Dublin system places a particular burden on Member States that are countries of first entry for asylum seekers.
The system has been criticized for its inefficiencies, and the 'refugee crisis' has led to a reception crisis at points of first entry.
The European Court of Justice (ECJ) has ruled that the transfer of asylum seekers to countries with inadequate reception conditions may violate the fundamental rights of the applicant (C-411/10 and C-493/10, N.S.).
The ECJ has also ruled that Member States must exercise the discretionary clause and assume responsibility for the asylum application themselves in cases where the transfer would violate the applicant's fundamental rights.

The EU has proposed reforms to the Dublin system, including the introduction of a "fresh new start" and innovative elements such as a border procedure.
The European Border and Coast Guard (Frontex) has experienced exponential growth in personnel and has been tasked with supporting Member States in managerial capabilities.
The European Union Asylum Agency (EUAA) has been established to support decision-making, particularly in hotspots, and to coordinate and draft country of origin reports.