The Refugee Crisis: What should the EU do next?

The pictures of the tragic death of a refugee toddler in September 2015 brought into focus the ongoing crisis facing Syria and other conflict zones, which have given rise to increased numbers fleeing persecution worldwide, and in the European Union. The events of recent weeks (increasing numbers landing in Greece, the journey of many via the Western Balkans, Hungary and Austria to Germany) demonstrate that the Schengen and Dublin systems are coming under strain as a result.

How should the EU address this issue next? Should it abolish or reform the Schengen and/or Dublin rules? Are Member States complying with EU and international law in their response?

To answer these questions, the author examines in turn

+ the international law framework
+ the EU law framework
+ whether Schengen is at ‘fault’
+ whether Dublin is at ‘fault’
+ what the EU should do next.

The main purposes are to explain the legal background, to point out some legal errors, and to suggest the best way forward in light of the international refugee law framework.

• Primary Source

ESO: Background information: The Calais crisis: which Member State is responsible? http://www.europeansources.info/record/the-calais-crisis-which-member-state-is-responsible/

ESO: Background information: EU migration policy: comments on the results of the latest European Council http://www.europeansources.info/record/eu-migration-policy-comments-on-the-results-of-the-latest-european-council/

ESO: Information Guide: European Migration Challenges http://www.europeansources.info/record/information-guide-european-migration-challenges/

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