LEGAL PROTECTION OF THIRD-COUNTRY NATIONALS IN THE EUROPEAN UNION
DOI:
https://doi.org/10.17721/apmv.2016.127.1.95-103Анотація
The article is devoted to the legal analysis of the EU common policy in order to
provide protection to third country nationals. To control the issues caused by a significant increase of the number of asylum seekers and refugees into the territory of the EU Member States the European Union is developing a common policy on asylum and protection of third-country nationals crossing the external borders of the EU Member States. The EU common policy in this area is the European Union coordination policy to establish common rules for asylum for
third-country nationals; establish common rules to provide the additional security for third-country nationals who without obtaining the European asylum in whole, however, need the international protection; to create a common system of temporary protection for displaced persons in regard of their substantial influx; to determine common procedures for granting and withdrawing of a single asylum status or additional protection.
Special attention is paid to the analysis of the asylum procedure of third-country nationals. As well as issues related to the protection of external borders, visa and immigration policies TFEU predicts a joint adoption by the European Parliament and the Council decision under the ordinary legislative procedure, id est voting for proposal of the EU Commission. Simultaneously, under the TFEU, if within one or more EU Member States there is an emergency situation characterized by a sudden influx of third-country nationals, the EU Council for the EU Commission proposal and acting after the consultations with the European Parliament may adopt temporary measures in favor of the interesting Member States.
Nowadays the European Union is in dynamic and permanent development process of a common policy to provide protection to third-country nationals. This policy is implemented through the use of the EU method of coordination in matters relating to the establishment of the common status of asylum for third-country nationals; determining the status of a common additional protection for third-country nationals; the introduction of a common system of temporary protection for displaced persons; establishing of common procedures for granting and withdrawing of a common asylum status or additional protection.
Key words: Third-country Nationals, Refugees, International Protection, Additional Protection, Temporary Protection.
Посилання
The Convention relating to the Status of Refugees on 28. 07. 1951. – [Electronic resource]. – Mode of access: http://zakon2.rada.gov.ua/laws/show/995_011.
Protocol relating to the Status of Refugees 16.12.1966. – [Electronic resource]. – Mode of access: http://zakon5.rada.gov.ua/laws/show/995_363.
Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007. [Electronic resource]. – Mode of access: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2007:306:SOM:EN:HTML.
Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualifications and status of third country nationals or stateless persons as refuges or as persons who otherwise need international protection and the content of the protection granted // Official
Journal of the European Union, No L 304 of 30. 09. 2004. [Electronic resource]. – Mode of access: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX: 32004L0083:en:
HTML.
Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, 20. 12. 2011 //
Official Journal of the European Union, No L 337/9. [Electronic resource]. – Mode of access:http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32011L0095.
Judgment of the Court (Grand Chamber) of 2 March 2010, Aydin Salahadin Abdulla (C-175/08), Kamil Hasan (C-176/08), Ahmed Adem, Hamrin Mosa Rashi (C-178/08) and Dler Jamal (C-179/08) v Bundesrepublik Deutschland. [Electronic resource]. – Mode of access: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62008CJ0175.
Hailbronner K. Principles of International Law Regarding the Concept of Subsidiary Protection // Subsidiary Protection of Refugees in the European Union: Complementing the Geneva Convention? – Brussels: Bruylant, 2002. – P. 219-272.
Bloch C. Changing Asylum Policies in Europe / A. Bloch, T. Galvin, L. Schuster // Journal of Refugee Studies. – 2000. – Vol.13, 31. – P. 37-52.
Makaruha Z. Legal basis of the European Union in the field of the area of freedom, security and justice: monograph / Z. Makaruha. – Lviv : Astrolabe, 2011. – 544 p.
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof // Official Journal of the European Communities, L 212 of 07. 08. 2001. [Electronic resource]. – Mode of access:http://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex:32001L0055.
Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, 6. 2. 2003 // Official Journal of the European Communities, L31. [Electronic resource]. – Mode of access: http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32003L0009.
Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention // Official Journal of the European Communities, L 316 , 15/12/2000, P. 0001-0010. [Electronic resource]. – Mode of access: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32000R2725.
Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national // Official Journal of the European Communities, L 050, 25/02/2003 P. 0001-0010. [Electronic resource]. – Mode of access: http://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX:32003R0343.
Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person // Official Journal of the European Union, No. OJ L 180, 29.6.2013, P. 31-59. [Electronic resource]. – Mode of access: http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32013R0604.
Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection // Official Journal of the European Union, No. L 180, 29. 6. 2013, P. 60-95. [Electronic resource]. – Mode of access: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013L0032.
Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection // Official Journal of the European Union, No. L 180, 29. 6. 2013, P. 96-116. [Electronic resource]. – Mode of access:http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013L0033.
