The European Union: "Fortress Europe"

Résumé du document

Article 14 of the UN Universal Declaration of Human Rights states that "Everyone has the right to seek and enjoy in other countries asylum from persecution". Europe has always attracted migrants and asylum seekers because it benefits from a reputation of high standards of living and as the birth place of the human rights.

Today, Europe harbors approximately 1,612,000 refugees and 240,000 asylum seekers. Due to these facts, Europe had a great influence in the development of Refugee and Asylum law.

The period of 2001-2004 has been critical for refugees and asylum seekers. With the increase and the unpredictability of the arrivals, the European Union (EU) has been focused on implementing measures to restrict the entry of such refugees. Those restriction measures has resulted in the gradual creation of what is now called "Fortress Europe". This appellation covers the fact that it is getting harder for asylum seekers to enter member states of the EU to escape persecution.

The ability of the EU to provide protection guarantees is questioned while it seems that a restrictive approach is being adopted in EU member states as part of a chain reaction throughout Western Europe.

Is it appropriate to consider that the current EU asylum and refugee policy fostered the conditions to create a "Fortress Europe"?

The current asylum policy in the 21st century focuses on rejection of refugees. These kinds of restrictions have become the common trend.

Extraits

[...] In the mid-1990's, with the multiplication of applicants asylum policy was discussed in secret meetings with various governments. This lack of transparency and clarity because of the multilateral agreements remained until the treaty of Maastricht in 1993. The process towards asylum policy was made through the adoption of hard law, in form of Conventions. The two main instruments are the Dublin Regulation[3] and the Schengen Agreement of 1985. The former is a binding measure of European community law and decides which member states take responsibility in the application made by a asylum seekers within the EU territory. [...]

[...] According to the UNHCR, the development of practical and reliable ways to safeguard the rights of asylum seekers and refugees in the context of migration management and border control is the first step to improve the current policy. [...]

[...] However, as the conditions are more detailed, it is harder to meet the requirements which lead to the restrictions of the access even the first aim is to guarantee a minimum standard. The two key requirements of the Title IV are dealing with the reception of asylum seekers in member states and the procedures for asylum seekers. The 2004 Hague Program also testifies the creation of a common asylum area. The article 9 of the Qualification Directive[8] plays a vital role in the establishment of refugee status. [...]

[...] With the increase and the unpredictability of the arrivals, the European Union has been focused on taking measures to restrict the entry. Those restrictions measures conducted slowly to the creation of what is called now the “Fortress Europe”. This appellation covers the fact that it is getting harder for asylum seekers to enter member states of the EU to escape persecution. The ability of the EU to provide protection guarantees is questioned while it seems that a restrictive approach is taken in EU member states[1] as a chain reaction throughout Western Europe. [...]

[...] The European Dimension From an historical perspective, the EU has not always been seen as a fortress. For example, during the World War II and especially during the Cold war, the member states of that time were more enthusiastic to grant asylum. It was part of political strategy conducted counter to the USSR[2]. Plus, the Western Europe economy was flourishing. Today, the situation has changed and a major concern within the EU is the economic recession and the increasing unemployment rate. [...]