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难民政策在欧盟从马斯特里赫特条约第三支柱阿姆斯特丹条约的转型

时间:2016-03-10 09:12来源:www.liuxuelw.com 作者:anne 点击:
从马斯特里赫特条约到阿姆斯特丹条约,它反映了从上世纪90年代欧盟难民政策从单纯的国际合作转变为一定程度上的超国家决策。
Introduction介绍
 
难民政策不仅是国际社会普遍关注的问题,也是欧盟及其成员国在一体化进程中无法回避的问题。上世纪80年代,西欧各国的自由主义政策一个接一个地收紧,因此欧洲防御开始出现。在上世纪90年代苏联解体、东和局部战争最终形成了欧洲难民问题。欧盟加强了成员国之间的难民政策合作。从马斯特里赫特条约阿姆斯特丹条约,欧盟形成共同的限制性难民政策的趋势,构建欧盟数字指纹识别系统,欧洲难民基金和最低标准。欧盟开始从单纯的政府间合作转变为超国家的难民政策。本文介绍了欧盟共同的难民政策的历史发展轨迹从他马斯特里赫特条约到阿姆斯特丹条约。指出在一定程度上限制了多层次的治理和决策机制。从限制的难民政策到松散的困境是一个两难的困境。Refugee policy not only is an issue of common concern to the international society, but also is an area that the EU and its member states can not avoid in the process of integration. In 1980s, the western European countries tightened the liberal refugee policies one after the other, so the European defense began to appear. In 1990s, the east Soviet Union disintergrated and local wars eventually formed the European refugee problem. The EU strengthened the cooperation in refugee policy between its member states. From the Maastricht Treaty to the Treaty of Amsterdam, the Union formed a trend of a common restrictive refugee policy, constructed the EU digital fingerprint identification system, the European refugee fund and the minimum standards. The EU started to change from pure intergovernmental cooperation to supranational refugee policy. This article described the historical development track of the EU common refugee policy from he Maastricht Treaty to the Treaty of Amsterdam. It points out that the multi-level governance and decision-making mechanisms are restricted to a certain extent. And there is a dilemma from restricted refugee policy to the loose.
 
Chapter 1: the Maastricht Treaty and development of the EU refugee policy第1章:马斯特里赫特条约和发展欧盟的难民政策
 
In 1992, the Maastricht Treaty signed. It stipulated explicitly the Justice and Home Affairs cooperation as the third pillar of the EU, including police cooperation between EU member states, immigration cooperation policy, refugee cooperation policy, Border and customs cooperation and judicial cooperation in civil and criminal areas. In the Justice and Home Affairs cooperation, there were four aspects of progress achieved. First, setting Justice and Home Affairs cooperation as the third pillar of the European Union. It also prescribed nine fields with the "common interest" in Part VI K.1. They were refugee policy, immigration policy, EU external border control, combating drug, international fraud prevention, civil and criminal judicial cooperation, customs cooperation, police cooperation and combating transnational crime and international terrorism; Second, the treaty established the EU citizenship; Third, the inclusion of human rights and fundamental freedoms of the treaty; Fourth, recognition of member states police cooperation under the framework of European criminal police organization. The signing of the Treaty marked the official start of the EU Justice and Home Affairs cooperation, greatly promoted the development of the EU Justice and Home Affairs cooperation. Therefore, the mode and extent of cooperation were finalized basically. 

1. “Safe country of origin” and “safe third country”
As more and more asylum seekers attempting to enter the EU, so after signing the Maastricht Treaty, the measures taken by EU were focused on how to define the rights of asylum first. The EU member states adopted Resolution on Manifestly Unfounded Applications for Asylum on November 30, 1992, which designed to prevent to abuse asylum procedures, especially speeding up the rejection procedure of “unreasonable” asylum applicants. "Unreasonable" here refers to either the applicants in their own countries can find refuge or applications involving the forged documents, false identities, etc.. Meanwhile, EU member states also unanimously adopted the resolution on the issue of the host third countries and determined the third countries not considered existing serious persecutions. That is “safe country of origin and safe third country”. According to these resolutions, the applicants from “safe countries” lost their rights of asylum. Thus, their applications were “unreasonable” and they would be expelled back to their countries of origin or the first safe countries they passed.  The resolution on the issue of the host third countries established a standard of safe country, according to the conditions of human rights, democracy and the stability, some countries were classified as safe third countries.  (责任编辑:anne)
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