The evolution towards a common Eu Asylum system

Abstract

The attempt of this paper is to analyze the balance between the development of the European harmonization in the field of asylum and the historical development of the right of the asylum seekers arriving in Europe. This topic is driven on one hand showing the difficulties for European Member States in moving towards a real common European asylum system and on the other hand analyzing the difficulties that asylum seekers face in being recognized their request of international protection in a European system which is not yet effectively harmonized. In order to develop this subject, the paper starts from the beginning of the history of the asylum seekers as migrants. It is then explained the process through which an asylum seeker obtains the refugee status and the possible obstacles to the recognition to this human right, which according to the European Union law and the charter of fundamental rights should be never denied. Concerning European Member Sates it was tried to be explained the historical and chronological process that European Union had to face to create the common European asylum system on the base of the refugee rights declared, approved and provided by the 1951 Geneva Convention. The historical excursus through the treaties is an attempt to show how long was the process for finding a compromise in the field of Asylum until the current common Dublin III regulation also known under the name of EC regulation N° 604/2013 . The further section provides also an analysis of the way of the application of the regulation showing itself as a rudimentary step towards a process of harmonization not yet developed among Member States. The theoretical approach will be supported by some cases studies of asylum seekers’ requests in order to show also the direct application of one of the most complicated and muddled procedure in the fields of cooperation among States which has been signed in order to guarantee human rights and free circulation of people within Europe.