Legal regulation of the asylum granting and ensuring of the refugees’ rights in the European Union

Abstract

The article is devoted to the study of the legal regulation of the asylum granting and ensuring of the refugees’ rights in the European Union. Within the framework of the article, the legal basis of the Common European Asylum System functioning, the creation of which is laid down in the constituent treaties of the European Union, is investigated. In particular, it is determined that the purpose of such a common system is to establish unified standards for determining the criteria for admissibility of applications for asylum or international protection, a similar procedure for considering such applications and the grounds for refusing or suspending the status of a refugee or a person seeking temporary protection, as well as determining the state, responsible for providing asylum, uniform standards for ensuring the rights of refugees, as well as common principles of cooperation between the Member States and partner states that are not members of the Union. The key provisions of the Directive on qualification criteria, on the procedure for granting asylum and international protection, on the conditions of reception and rights of refugees, as well as the Dublin Regulation and the Eurodac Regulation were analyzed. The authors put an emphasis on the fact that because of the full-scale invasion and emergence of the war on the territory of Ukraine, significant changes were made to the process and procedures for granting refugee status and providing asylum within the framework of the legislation of the European Union. The latest Pact on Migration and Asylum was analyzed, especially regarding changes in ensuring border security, quick and effective procedures for considering and obtaining the status of a refugee or a person seeking international protection, solidarity and responsibility among countries that are obliged to provide asylum, as well as strengthening international cooperation in the field of migration. The authors express their support for those concerns regarding alleged violations that may occur after the entry into force of the Pact, in connection with the threat of violations of fundamental human rights. It was concluded that ensuring dignity and respect for human rights is a priority, considering that refugees are recognized as persons who have already suffered violations and were forced to leave their homes.