Abstract

The experience of a migration crisis (2015 and 2016) on the edge of Schengen and EU territory has demonstrated two divergent development perspectives. From both the EU and its Member States, there has been increasing demand to protect the EU’s external borders. This requires trust in both national and EU (Frontex) authorities that are supposed to be the guardians of national and European security. At the same time, however, negative sentiments towards migrants have increased and continue to arise from different cultural backgrounds within Member States. These diverging perspectives are struggling to develop hand in hand with the current and requested role of the Frontex agency. There are rising tensions concerning the legality of measures introduced on external borders in order to protect the EU territory effectively. There is enormous disparity between the requested norms and standards and EU and international law, which mirrors the strong anti-migrant sentiment within CEE Member States. This paper analyses the disparity between EU and international norms with the measures being introduced on the EU’s external border with the Western Balkan states. It also aims to analyze the medium-term impact of this disparity at a national and EU level from the perspective of efficiency, solidarity and legality. The migrant influx may be addressed as an example of crisis management in the context of how these three principles of EU law are implemented within CEE Member States as a part of the (political, geographical and cultural) map of Europe.

Highlights

  • Between 2010 and 2015, Hungarian authorities overlooked the fact that asylumseekers and recognized refugees had not formally left the country and travelled to another Member State (MS) of the EU as a consequence of tightened procedural, reception and integration opportunities that were mainly financed using EU funds

  • The migrant influx may be addressed as an example of crisis management in the context of how these three principles of EU law are implemented within Central and East European (CEE) Member States as a part of the map of Europe

  • Even in the summer of 2015, hundreds of thousands of migrants and refugees heading to Austria and Germany were allowed into Hungary and assisted with transportation by the authorities, who could not envisage their return to Greece due to the non-application of the Dublin rules (Nagy, 2016)

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Summary

Introduction

Between 2010 and 2015, Hungarian authorities overlooked the fact that asylumseekers and recognized refugees had not formally left the country and travelled to another Member State (MS) of the EU as a consequence of tightened procedural, reception and integration opportunities that were mainly financed using EU funds. A Turkish-EU agreement was concluded, so the EU did the same - while giving space to nationalist and intolerant voters and governments wishing to maximize votes We witnessed these dynamics (in the words of Geddes and Scholten (2016: 282): the ‘institutionalization of Europe’ and the ‘Europeanisation of institutions’) that involve the link between migration policy and EU external-relations-related policy, making this migration a definite security issue (securitization), and leading to the development of a new generation of asylum and migration protection rules, the widespread introduction of biometric identifiers, the adoption of the General Data Protection Regulation (GDPR), the extension of the mandate of Frontex and the sending of professionals and resources to Western Balkan countries, increases in the income of human traffickers due to the establishment of alternative Balkan routes, and attempts to combat trafficking in human beings through stronger European action. The years 2017 and 2018 we identify as postcrisis period with a focus on the reforms of the Schengen system

Contradictions in the System
The growing competence of the EU in AFSJ as a source of conflict
The crisis as a pretext for unilateral action in Member States
Political conflict management in the EU versus Member States
Conclusions: lessons learnt from dual crisis-management

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