The Asylum For Refugees, A Changed Europe

The asylum for refugees, a changed Europe

The birth of the regulatory power by the EU in asylum is created after the unique European act that enters into force in 1987 by which a common market called European internal market was intended to establish among the member countries, whereThey suppressed the borders and the free circulation of capital, services, goods and concern us, the free transit of people was guaranteed.

When the suppression of borders to human traffic occurred, it was necessaryand therefore that there was a fraudulent use of this free traffic damaging the sovereignty of the countries.

To respond to this problem in 1990, the Dublin I agreement is signed. In this agreement, the three pillars or basic norms were established: asylum seekers now depended on the distribution that Dublin established ignoring the preferences that the applicants had, the states promised to carry out the exam with their legislation which on the one hand was problematic andthat the regulations were not yet harmonized, so two equal applications could trigger different responses and finally it was established that if a request had been denied in a member country, this person lost the opportunity to submit it in another.

In 1993 the Maastricht Treaty that transformed the then CEE in the current EU entered into force. This new treaty established the need to transfer competences in foreign policy given the common interest in obtaining a normative harmonization since the inefficient of the system had been demonstrated .

At that time we found that countries were still reluctant to grant these competences that considered an entity that at that time began to roll as was the EU.

To understand what is the current common system of asylum, it is necessary to mention the creation of the dryResponsible for the examination of the application for asylum seekers, as well as the EURODAC which is a fingerprint data system for the identification of asylum applicants.

There is a second of dry regulation due to the structural failures given by the implementation of the norms, since the objectives pursued were not achieved. A common common policy is then established when the individual action is inefficient, since until then only common norms had been placed.

In 2007, the commission presented what was called the green book on the future of the dryexisting lagoons at the time.

With the celebration of the Lisbon Treaty of 2009 there is a great advance in the common matter of asylthat there was a vacuum, which helped to advance significantly towards an efficient common policy.

Currently, the Dry consists of two regulations and three directives:

Regarding the regulations, we find Regulation 604/2013 or Dublin III that attempts to correct the structural deficiencies found in practice of the Dublin II Regulation leading to a flexibility of the system before the pre -tond automaticity of the system trying to avoid the asylumsthat travel from one country in another of the Union while resolving your application in addition to adding a humanistic criterion by taking into account the personal situation of the asylums under the principle of family regrouping.

We also find Regulation 603/2013 called EURODAC that establishes the possibility of using fingerprints for prevention, detention or investigation of serious crimes.

Regarding the Directives we find the Directive 2011/95/EU that establishes the minimum required for the recognition of international protection creating common criteria. The novelty of this directive is that it was defined that people were beneficiaries of international protection whether they manage to access the refugee status and those who are recognized by subsidiary protection.

On the other hand we find the 2013/33/EU Directive that establishes a harmonization in the field of reception by prohibiting the hospitalization of the asylees and establishing the minimum reception conditions that are enforceable.

Finally, we find the 2013/32/EU Directive in which a procedure and common deadlines are established that will be 6 months now forcing countries to comply with this period to determine whether or not the refugee status is granted improvingThe guarantees of the application.

With respect to Spain, the first regulation is found in the Spanish Constitution specifically in its art 13.4 where it is established that "the law will establish the terms in which citizens of other countries and stateless people may enjoy asylum right in Spain". Subsequently specified in Law 5/1984 of March 16 regulatory of the right of asylum and the refugee status. In 1994, Law 9/1994 of May 19 was approved by which the regulations are modified to adapt it to the EU entrance to the EU being one of the most significant changes the elimination of the duality of meanings of refuge and asylum. After the adhesion of Spain to the treaties of Amsterdam and niza some provisions of the law are obsolete so that a new law is adopted that is currently governing asylum and refuge Law 12/2009 of October 30.

This law attempts to specify the directives from Europe in the matter of asylum recognizing fundamental rights to applicants, in turn one of the most important advances we find is the recognition of the right of subsidiary protection that until now did not exist as suchIn the legislation, in its article 10, what is considered as serious damage that can lead to subsidiary protection, another advance of this law is the recognition of UNHCR work as an important part of the common asylum system as a coordinating body.