Who Is a Refugee in the European Union? International and Supranational Aspects of Legal Reform and Integration

Abstract

In tackling the 2015 refugee influx into the European Union (EU), many problems related to the Common European Asylum System (CEAS) arose in dealing with the situation that is still unresolved. The questions posed include who needs international protection, should the member state of first entry bear the main responsibility for the asylum procedure, what are the legal obligations that the member states have toward asylum seekers and beneficiaries? With these questions in mind, this chapter not only will introduce CEAS but also will examine the impact that the Convention Relating to the Status of Refugees, the European Convention of Human Rights, and the EU Charter of Fundamental Rights have on them. In this context, significant recent rulings by the European Court of Human Rights and the Court of Justice of the European Union will also be analyzed. The chapter concludes with an outline of European integration policy and reflections on possible reforms.