COMMON EUROPEAN ASYLUM SYSTEM EVOLUTION AND ITS PERSPECTIVES

Abstract

A common legal framework for immigration and asylum policies in the EU has been formulated as well as common procedure for implementing them by Member States. However, Member States do not always adhere to the EU approach adopting and disposing of common procedure for implementing immigration and asylum policies. Member States seek their national interest first leading to possible incompatibilities of national legislations and administrative practices with EU immigration and asylum regulations even though they are guided by EU rules due to the principle of primacy of EU law. The article explains the evolution of Common European Asylum System, its insufficiencies, and the Commission’s proposal of new regulations seeking to augment the efficiency and capacity of the system to determine an asylum application effectively. It further analyzes the Emergency Relocation Scheme together with the ECJ decision dismissing the action of three Visegrad states seeking annulment of relevant Council’s decisions. It was discovered that despite the aim to tackle immigration issues CEAS needs to be improved with a corrective allocation mechanism for a fair sharing responsibility between Member States. It is therefore proposed to increase the current level of harmonization in the EU asylum legislation.