UDC 341.43(4-672EU)
Biblid: 1451-3188, 19 (2020)
Vol. 19, No 72, pp. 30-50

Оriginal article
Received: 18 Mar 2020
Accepted: 30 Apr 2020


ĐUKANOVIĆ Anđela (Naučni saradnik, Institut za međunarodnu politiku i privredu, Beograd), andjela@diplomacy.bg.ac.rs

The issue of the protection of human rights of asylum seekers is still a significant topic within the EU, although it has been slightly less important since the end of the migrant crisis in 2015 and 2016. It seems that after this serious warning, the EU failed to respond adequately. The EU wants to be seen as an entity that respects the human rights of asylum seekers, but also as an entity that protects the interests of the majority of the EU member states in the light of unwanted migration. This is certainly a difficult task. Agreements with the safe third countries cannot be regarded as the almost exclusive basis of asylum policy. Such agreements can be easily broken when the burden for that state becomes too large, compared to the potential benefits that the EU could offer. New regulations must ensure fair burden-sharing among the member states since some EU member states have an almost exclusive obligation in receiving migrants. The main problem with the protection of human rights of asylum seekers is severely overcrowded reception centers, or a large number of migrants stopped at the border since such conditions almost always lead to significant human rights violations. In addition, it is necessary to examine other specific problems in human rights protection (in other member states, as well in the states considered to be safe). The practice of the European Court of Justice may certainly be of importance. The EU has shown efforts to regulate the Common European Asylum System in a more adequate way, but primarily in the light of the protection of the interests of member states. The principle of solidarity, which would have, in turn, a positive impact on the protection of human rights, was to some extent taken into account in the proposed regulations. However, the proposed regulations, due to lack of consensus, were never adopted.

Keywords: human rights, asylum, European Union, migration, Court of Justice of the European Union, concept of safe third country