The Europeanization of Asylum Policy: From Sovereignty via Harmony to Unity
The Europeanization of Asylum Policy: From Sovereignty via Harmony to Unity

Summary/Abstract: To what extent do asylum decisions within the EU amount to an EU asylum policy? The paper tackles the question within a simplified and amended framework recommended by Lasswell and McDougal’s policy analysis (the amendment is that the postulation of basic public order goals has three interrelated functions: the explication of evaluative assumptions entertained by a policy analyst; the articulation, appraisal, revision and ordering of the assumptions, which result in a prescription of public order goals; the identification and ordering, from among a potentially endless flow of empirical data, of those decisions that conform to the postulated goals). The principal postulated goal is human dignity or a free society. Subordinate goals include the right to life, the right to freedom, the rule of law, and solidarity. The analysis of tendencies in decision, although exhaustive, does not suffice to give an unequivocal answer to the principal question. A major reason is a discrepancy between the EU treaties and directives on asylum, which allegedly are the basic and the implementing EU instruments respectively. However, it is apparent that minimum standards are an insufficient incentive for the proper harmonisation of national asylum systems, and leave a too high level of discretion to the member states regarding the transposition of the legal acquis into national systems. The Europeanization of asylum policy has not been inspired by humanitarian considerations, but by policies of the member states to discourage and prevent asylum seekers to access state territories on the one hand, and to promptly and efficiently process asylum applications on the other. European institutions will probably keep putting efforts into the building of the Common Asylum System and harmonisation of national asylum systems, particularly in the direction of the establishment of a single procedure and uniform refugee status at the level of the entire Union. However, the questionnow arises as to what degree the member states will actually harmonise their national asylum systems with the specified higher standards. Even an appropriate asylum system will be of little importance if it is not accompanied by specific measures that allow for the possibility of access to the asylum system and protection in the EU territory. Changes in the policy of management of the external borders, which restricts access to the asylum policy in various ways, are necessary so as to ensure full respect for the right to seek asylum.

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