The refugee crisis in Europe is taking a turn for the worst. Most experts agree that the influx of refugees in 2015 has broken all records and clearly demonstrates the limitations of EU’s asylum law framework.
The latter, mostly based on both Schengen treaty and so called Dublin rule. While the first sets out conditions for crossing external borders while no controls are made internally, the other one states that the member state response for the examination of an asylum application is the one of first entry within the EU territory.
As a consequence, the asylum systems of member states located at EU’s Southern and Eastern borders are more than overwhelmed to say the least. This situation, in turn, leads other member states to close their internal borders, by chain reaction or fear of contamination.
Recent measures have already been adopted to alleviate the pressure on both Greece and Italy. Nonetheless, EU governments have recently placed a large question mark over the future of Europe signaling an extension of national border controls within the 26 country Schengen area in response to this crisis.
What if this 30-year old treaty disappeared or was largely amended in favour of much stricter rules restraining individual movements within the EU ? It is a question we asked Dr. Luc Leboeuf, postdoctoral researcher at the Centre for International and European Law of the University of Louvain (UCL).
“What we are experiencing right now is a short-term football panic effect. Our legislators should resist the temptation, in the short term, of jumping the gun and take this unique opportunity to reassess asylum within the EU, adopt a distribution key with a clear system of quotas per EU country”.
He also adds : “This significant European issue requires a united European decision. The reintroduction of internal border controls would not only trap asylum seekers in countries which couldn’t guarantee them protection ; it would also badly affect the freedom of movement of European citizens and the European Economy as a whole”.
And what next ? Are we tempted to add...
Regional experts said this month’s EU summit between heads of state would be critical. By then, officials deployed by Brussels will have completed a Schengen evaluation report expected to play a decisive role in determining whether Greece should remain in the zone.
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