The European Migrant Crisis of 2015-2016:  Revealing the Failure of the Common European Asylum System

Through an in-depth analysis of the EU's response to the European migrant crisis of 2015-2016, the shortcomings of the Common European Asylum System (CEAS) are revealed. This study investigates what factors led EU member states (MSs) to violate the CEAS' principles of solidarity and fair responsibility-sharing in their response to the European migrant crisis of 2015-2016. Whereas a collective response in a spirit of solidarity was expected, MSs implemented unilateral measures driven by their national political interests. Through qualitative research and content analysis of the CEAS' legal setup as well as a case study of Hungary and Germany's responses to the migrant crisis, this study has identified two dominant factors that explain for the lack of solidarity and fair responsibility-sharing in the EU's response to the crisis. Firstly, this study argues that insufficient compliance rates with the CEAS as well as some of its dysfunctional legal instruments, such as the Dublin...Show moreThrough an in-depth analysis of the EU's response to the European migrant crisis of 2015-2016, the shortcomings of the Common European Asylum System (CEAS) are revealed. This study investigates what factors led EU member states (MSs) to violate the CEAS' principles of solidarity and fair responsibility-sharing in their response to the European migrant crisis of 2015-2016. Whereas a collective response in a spirit of solidarity was expected, MSs implemented unilateral measures driven by their national political interests. Through qualitative research and content analysis of the CEAS' legal setup as well as a case study of Hungary and Germany's responses to the migrant crisis, this study has identified two dominant factors that explain for the lack of solidarity and fair responsibility-sharing in the EU's response to the crisis. Firstly, this study argues that insufficient compliance rates with the CEAS as well as some of its dysfunctional legal instruments, such as the Dublin Regulation, have led MSs to violate the principles of solidarity and fair responsibility-sharing. Secondly, it argues that national political climates and interests have affected the MSs’ willingness and ability to comply with the CEAS' principles of solidarity and fair responsibility-sharing. In order to prevent a similar crisis from unfolding in the future, the CEAS' legal instruments must be revised, however, any attempt at creating a reformed CEAS should take into account individual interests and contexts of MSs.Show less

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The European Migrant Crisis of 2015-2016: Revealing the Failure of the Common European Asylum System