Managing Asylum and European Integration: Expanding Spheres of Exclusion?

Abstract

During the last decade, the European Union intensified its efforts to define its external borders in conjunction with its efforts to evolve into a coherent, frontier-free political territory. European policy-makers slowly shaped new norms and rules pertaining to asylum, with increasingly stronger mechanisms to enforce the policy decisions. In the case of asylum and refugee protection, Europe's efforts are nested in the broad global institutional framework negotiated through and carried out by international organizations. However, these developments raise the specter of deteriorating refugee protection in Europe and beyond. This article reviews the norms and rules on which the post-World War II refugee protection regime rests and then points to the recent developments in refugee protection in Europe, which might undermine the goals of the global refugee protection.

Privileging the near and dear?

“…Political scientists and experts in European migration law, however, maintain that in the process of the Europeanization of migration policy in general, the possibilities for refugees to travel to Europe and find asylum there have been limited. EU migration policy has been labelled 'collective restrictivism' (Chimni, 2000;Ucarer, 2001). European governments and the EC programmes have proclaimed to remedy the causes of migration by enhancing economic development, ending human rights violations or supporting refugee protection in other regions.…”

Asylum Seekers’ Credibility Burden: Managing Trauma in the Asylum Process without Collective Support

“…Due to many nation-states addressing an influx of undocumented migrants and concerns for border security generally, asylum seekers face suspicion of their validity (Castenada, 2008;Einolf, 2001;Chavez, 1997;Black, 2003;Ranger, 2005;Mountz, Wright, Miyares, & Bailey, 2002;Schafer, 2002;Uçarer, 1989;Loescher, 1989;Abeyratne, 1999). Although these perceptions are questionable with regard to the rights associated to refugees and asylum seekers, host states have claimed that they are seeking to verify asylum seekers and support border security measures (Ricoeur, 2010;Kivisto & Faist, 2009;Welch & Schuster, 2005;Einolf, 2001;Neumayer, 2005;Loescher, 1989).…”

The Europeanisation of Migration Policy — The Normative Issues

“…Towards other groups of (potential) migrants migration policy became more restrictive. Some refer to this development as the creation of a 'Fortress Europe' and label it 'collective restrictivism' (Ucarer 2001) or 'the securitisation of migration' (Bigo 2001;Brouwer 2003;Cholewinski 2000;Huysmans 2000;Lavenex 2001a). As mentioned earlier, the European Human Rights Charter did strengthen the position of migrants to some degree.…”

“…They might easily hinder refugees to flee to Europe. And the judgement on their situation might be left to officials hardly equipped (or motivated) to do so appropriately (Ucarer 2001).…”