Legal aspects of the EU policy in tackling the migration crisis

Masterarbeit, 2018
73 Seiten, Note: 1

Jura - Europarecht, Völkerrecht, Internationales Privatrecht

Leseprobe

Inhaltsverzeichnis (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
Bibliography
Annexes

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This master thesis aims to identify the main reasons for illegal migration in the EU States, based on an analysis of current EU legislation on migration issues. The thesis seeks to elaborate suggestions for improving legal aspects of counteraction to illegal migration and the migration crisis. The research paper is based on a comprehensive analysis of the illegal migration problem in the EU States and its global nature. It also identifies the current reasons for illegal migration.

Determine the primary reasons for illegal migration in the EU states.
Define the concept of "illegal migration" and its content.
Consider the correlation of International Law, EU Law, and national legislation of Member States in the area of tackling illegal migration.
Analyze the impact of the migration crisis on the EU legal system.
Evaluate the mechanisms and forms of cooperation used by EU member states in the field of counteracting illegal migration.

Zusammenfassung der Kapitel (Chapter Summaries)

The introduction of the thesis sets the stage by discussing the challenges posed by migration processes within the European Union. It highlights the need for a nuanced understanding of illegal migration and the role of EU policy in addressing this issue. Chapter 1 delves into the theoretical and methodological foundations of the study. It examines migration processes as a global problem of modernity and explores the definition of illegal migration in contemporary context. The chapter concludes by analyzing the root causes of the migration crisis in Europe. Chapter 2 presents a comprehensive analysis of existing EU legislation on migration. It examines the Geneva Convention of 1951, the Dublin III Regulation, and the challenges posed by illegal migration in hotspots such as Italy and Greece. The chapter also considers the legal implications of the case of Slovakia v. Council 2015 and the role of migration quotas in addressing the migration crisis. Chapter 3 focuses on improving legal aspects of EU policy in relation to the migration crisis. It analyzes the social and political consequences of illegal migration for Western Europe and examines strategies for counteracting it. The chapter elaborates on directions for preventing illegal migration and identifies ways of tackling the migration crisis.

Schlüsselwörter (Keywords)

This master thesis focuses on the legal aspects of the EU policy in tackling the migration crisis. The core concepts and terms explored include illegal migration, the Geneva Convention, the Dublin III Regulation, migration quotas, hotspots, and the social and political consequences of migration for Western Europe. The work also examines the interplay of international law, EU law, and national legislation in this area.

What caused the EU migration crisis in 2015?

The crisis was triggered by uncontrolled flows of refugees and migrants fleeing armed conflicts in the Middle East and socio-economic instability in Africa and Asia.

What is the Dublin III Regulation?

The Dublin III Regulation is an EU law that determines which Member State is responsible for examining an asylum application, usually the country where the migrant first entered the EU.

How do "hotspots" like Italy and Greece affect EU policy?

"Hotspots" are frontline countries facing extreme pressure. The thesis analyzes how illegal migration in these areas led to the need for redistribution programs and legal improvements.

What were the legal consequences of the Slovakia v. Council case?

The case dealt with mandatory migration quotas. The 2017 judgment affirmed the EU's right to implement redistribution mechanisms, despite opposition from countries like Hungary and Poland.

What are the socio-political consequences of illegal migration for Western Europe?

The thesis explores how uncontrolled migration affects internal security, public perception, and the stability of the European community's legal framework.