The development of modern world is impossible to imagine without processes of migration of the population. Migration crisis, which began in the EU states in April 2015 in connection with uncontrolled flow of refugees and migrants from zones of armed conflicts in middle East as well as in number of African and Asian states with unfavorable socio-economic conditions caused extremely negative effect on the internal political situation and the perspectives of the development of both individual Member States of the EU and European community as a whole.
Being one of globalization process manifestation, migration in large causes positive influence on social, economic and political development of states, contributes to integration of integration of international community , cultural convergence of peoples, development of productive forces. However, if migration processes have uncontrolled character, the level of state security is significantly reducing. Especially it has to be considered in the present period when global community faces terrorist threats and violence.
The relevance of my master thesis is stipulated by exacerbation of illegal immigration problem due to widening of the EU in recent times, which entailed improvement of national legislations and the European Law in this field. Thus, there is a necessity of the analysis of the EU law application experience in sphere of tackling the illegal migration.
Table of Contents
Introduction
1. Theoretical and methodological foundations of the study of legal aspects of the EU policy in tackling the migration crisis
1.1. Migration processes as a global problem of modernity
1.2 The notion of the illegal migration nowadays
1.3. The main reasons for migration crisis in Europe
2. Analysis of the EU existing legislation on the migration issue
2.1. The Geneva Convention 1951
2.2. Analysis of the Dublin III Regulation on migration in the EU
2.3. The problem of the illegal migration in ''hotspots'' - Italy and Greece
2.4. Case Slovakia v. Council 2015, Judgment 2017 and migration quotas in relation to Hungary, Czech Republic and Poland
2.5. The EU Program on the redistribution of migrants: problems and achievements
3. Improvement of legal aspects of the EU policy in relation to the migration crisis
3.1. Social and political consequences of illegal migration for Western Europe and counteraction against it
3.2. Elaboration of directions for preventing the illegal migration and ways of tackling the migration crisis
Conclusion
Research Objectives and Topics
This thesis examines the legal challenges posed by the migration crisis within the European Union. It aims to identify the root causes of illegal migration, evaluate the effectiveness of current EU legal frameworks, and propose improvements to counteraction mechanisms while addressing the balance between national security, human rights, and political unity.
- Analysis of migration as a global socio-legal phenomenon.
- Evaluation of existing EU legislation, including the Dublin Regulation and Geneva Convention.
- Assessment of the "hotspot" crisis in Italy and Greece.
- Investigation of migrant quota programs and legal disputes between EU Member States.
- Development of strategies to improve EU migration policy and crisis management.
Excerpt from the Book
1.1 Migration processes as a global problem of modernity
Migration processes became one of the major challenges of XXI century. Voluntary and forced migrations accompanied the human development throughout all existence, but nowadays the volume of migration reached its peak. Immigrants have become an inevitable, necessary and, at the same time, problem part of a state life. Also, they are the means of resolving a demographic and economic crisis, as well as the category of the aggravation of social, religious, political and ethnic conflicts. Apparently, the intensity of migration processes will be increasing and will require new approaches, because it is impossible to solve problems of XXI century with the methods of XX century.
The current state of things requires the evaluation of the new variants of forecasting and the resolution of the situation for implementing the proper management of migration processes. A development of processes calls into a question such traditional models of adaptation, as multiculturalism and assimilation, proving its inefficiency and the nonconformity to the present. Thus, on 11 February 2011, a President of France N. Sarkozy declared that the collapse of the multiculturalism model, having noted that France "is not going to adjust to immigrants''.
A bit earlier a Prime minister of Great Britain D. Cameron made a similar statement. In 2010 a German Chancellor A. Merkel stated about the fail of multiculturalism policy and pointed out that Germany welcomes immigrants, however, they will have to adjust to German customs and study language.
Summary of Chapters
1. Theoretical and methodological foundations of the study of legal aspects of the EU policy in tackling the migration crisis: Provides an overview of global migration trends and discusses the failure of traditional integration models like multiculturalism in the 21st century.
2. Analysis of the EU existing legislation on the migration issue: Examines the legal framework governing asylum and migration in the EU, including the Geneva Convention, the Dublin Regulation, and the impact of the 2015 migration crisis on EU policy.
3. Improvement of legal aspects of the EU policy in relation to the migration crisis: Analyzes the social and political consequences of the migration crisis and proposes new directions and mechanisms for managing irregular migration and asylum procedures.
Keywords
Illegal migration, EU migration policy, asylum seekers, Geneva Convention, Dublin III Regulation, migration crisis, humanitarian crisis, border control, integration, multiculturalism, redistribution of migrants, EU law, refugees, Frontex, European security.
Frequently Asked Questions
What is the primary focus of this master thesis?
The thesis focuses on analyzing the legal aspects of the European Union's policy in addressing the migration crisis and identifying the root causes of illegal migration.
What are the central themes covered in this document?
The core themes include the legal framework of migration, the effectiveness of EU asylum policies, the socioeconomic impact of migration, and the political tensions between EU Member States regarding quotas and burden-sharing.
What is the main research objective of this work?
The goal is to determine the reasons for illegal migration in EU states and to develop suggestions for improving the legal aspects of counteraction and crisis management.
Which scientific methods are primarily used?
The research relies on a comprehensive analysis of current EU legislation, international law, treaty texts, court judgments, and academic literature on migration policy.
What is examined in the main section of the paper?
The main part covers the theoretical foundation of modern migration, an in-depth analysis of existing EU legislation like the Dublin Regulation, and a discussion on policy improvements for the future.
Which keywords characterize this thesis?
Key terms include illegal migration, Dublin Regulation, asylum, EU migration policy, European integration, and border management.
What role does the Dublin III Regulation play in this analysis?
The Dublin III Regulation is examined as a primary legal instrument for determining the state responsible for asylum claims, though the author highlights its ineffectiveness during the 2015 migration crisis.
How does the author view the "quota system" for refugees?
The author discusses the quotas as a manifestation of European solidarity but notes that they faced significant resistance from countries like Hungary, Poland, Slovakia, and the Czech Republic, leading to legal and political disputes.
What are the author's suggestions for the future of EU migration policy?
The author suggests a comprehensive approach that includes safer reception conditions, standardized quotas, better financial strategies for long-term management, and a deeper reform of the Dublin system.
- Citation du texte
- Vadym Yasinskyi (Auteur), 2018, Legal aspects of the EU policy in tackling the migration crisis, Munich, GRIN Verlag, https://www.grin.com/document/464410
