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Migration and asylum policy of the European Union

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Migration and asylum policy of the European Union

The migration and asylum policy of the European Union is within the area of freedom, security and justice, established to develop and harmonise principles and measures used by member countries of the European Union to regulate migration processes and to manage issues concerning asylum and refugee status in the European Union.

The European Union gained authority to legislate in the area of migration and asylum with the entry into force of the Treaty of Amsterdam on 1 May 1999. At the European Council meeting held in Tampere in October 1999, several legislative instruments instituting a Common European Asylum System (CEAS) were proposed. Central to these instruments was adoption of the Dublin II Regulation, a recast of the Dublin Convention. This was an intergovernmental treaty agreed in 1990 outside of the structure of the European Union. By 2005, all legislative instruments of the first phase had been adopted.

Following the presentation of the Policy Plan on Asylum by the European Commission in June 2008, the legislative instruments of the first phase were reformed. The adoption of the recast directives and regulations was completed by 2013. The second phase also saw the institution of a European Asylum Support Office.

Between May and July 2016, the European Commission proposed legislation for a third phase of the Common European Asylum System. This came in the wake of the 2015 European migrant crisis. In September 2020, these reforms were made part of newly proposed Pact on Migration and Asylum. As of September 2023, the legislative instruments were in various stages of adoption.

The Dublin III Regulation is to be replaced by an Asylum and Migration Management Regulation (AMMR), as part of the third phase of the Common European Asylum System. The Justice and Home Affairs Council reached agreement on a negotiating position towards the European Parliament on 8 June 2023, with implementation in 2024.

Key to the Asylum and Migration Management Regulation is the institution of a new solidarity mechanism between the member states. Solidarity can take the form of relocation of migrants, financial contributions, deployment of personnel, or measures focusing on capacity building. Solidarity will be mandatory for member states, but the form of solidarity is at the discretion of the member states themselves. Per relocation, member states can instead make a financial contribution of €20.000.

Migration policy of the European Union has its roots in the 1951 Convention Relating to the Status of Refugees, an agreement founded on Article 14 of the Universal Declaration of Human Rights. The current legal bases for the EU's creation of a harmonised legislative framework on asylum are found in the Treaty on the Functioning of the European Union and the EU Charter of Fundamental Rights.

The EU complies with the 1951 Convention relating to the Status of Refugees, which is the main legislative act establishing the status and rights of refugees. According to the key provisions of the legal act, the main apparatus in the regulation of situations with refugees is the government. They are obliged to preserve the rights and freedoms of internally displaced persons and refugees, and at the same time monitor the creation of such a legal provision that is used by all foreigners who have arrived in a foreign country on a common basis

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