We will focus our attention on the refugee’s problem. Because of the political situation in their home country, they come to Europe and ask for asylum. Nevertheless, before going to the regulation and framework related to this word, better take a look on the definition.
Asylum; Protection or safety, especially that given by a government to people who have been forced to leave their own countries for their safety or because of war .
According with the 14th statement of the Universal Declaration of Human Rights, asylum is a fundamental right, recognized as such on Geneva Convention on the protection of refugees (1951).
In a European Context, there is been several laws refer to that right since it was declared as such by the United Nations (UN
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On 1986, freedom of movement of people was recognized as a key element for internal market . We can see that, from the very beginning of what today we know as European Union, the member states have been trying to achieve this objective.
However, by 1986, the actual European Union already had their very first attend to freedom of movement of people. It was the year before, on 1985, when France, Germany and the Benelux (Belgium, The Nederlands and Luxembourg) signed what is known as the Schengen Agreement. This agreement is still validity and was submitted to the European Regulation, meaning that most of the countries that, today, are part from the European Union, are also under this agreement.
Until so far, this was the first attempt to remove borders, leading to the free movement of people. Consequently, the necessity of have a common policy of asylum and migration become
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However, the results were not been seen as satisfactory and they changed the perspective on the following Treaty.
Later on, in 1999 with the Treaty of Amsterdam, was introduced “Visas, asylum, immigration and other policies related to free movement of persons” as a community competence. Therefore, the regulation related to that issue belonged (and still today) to the European Union. Also, attached to the Treaty of Amsterdam, was incorporate the developments brought about by the Schengen Agreement into the EU framework .
Some changes related to the decision-making process were included in the Treaty of Niza (2001). Nevertheless, is the following one, the Treaty of Lisbon (2007), which changed the situation in Europe in asylum matters.
The Treaty of Lisbon designed a common system that should include these points:
• A uniform status of asylum and subsidiary