At issue here is the raison d'être of the European Union and the creation of an area of freedom, security and justice and, in particular, the Common
European Asylum System, based on mutual confidence and a presumption of compliance, by other Member States, with European Union law and, in particular, fundamental rights.
In the words of the ECJ it is «discretionary power [which] forms an integral part of the Common
European Asylum System provided for by the TFEU Treaty and developed by the European Union legislature».
Since then, there have been some major legal developments such as the completion of the Common
European Asylum System and the adoption of the Directives on Seasonal Workers and Intra-Corporate Transferees.
It is unlikely that the Court would expose the Common
European Asylum System to the risk of a collapse — especially not at a time in which all of the EU's efforts are directed at saving the already failing system, instead of trying to find an alternative that would work.
The Dublin system, branded as the «cornerstone of the Common
European Asylum System», is put in place to prevent asylum seekers to engage in «asylum shopping» by applying for international protection in the country that is most attractive to them for various reasons — which can be the level of reception conditions and / or the spectrum and content of the rights pertaining to an international protection status — or to apply for asylum in multiple Member States.
Conference «Using Human Security as a legal framework to analyse the Common
European Asylum System `
On 13 July of this year, following what has been perceived as a failure by the European Union to handle the recent refugee influx and related matters, the European Union Commission proposed a «Common
European Asylum System,» focused on improving review of refugee applications.
They also called for «a new and fair Common
European Asylum System based on the effective respect of the principles of responsibility and solidarity, especially towards frontline member states».
There is a disconnect between law and practice whereby the EU is continually reforming the Common
European Asylum System (CEAS) but seems incapable of implementing it.
Not exact matches
That requires
European collaboration of the sort which the UK has persistently sabotaged, with fair, humane and efficient
asylum claim mechanisms in place at ports of entry and a processing
system which, unlike the detained fast - track, is not considered unfair to the point of being unlawful.
The
European Union has been warned to sort out data quality in its the IT
systems that manage
asylum and migration, and improve efforts to ensure people know how to exercise their personal data...