Conference FD « Accessing a Fair Asylum Procedure: Challenges at the EU External Border »

In an attempt to ease the EU asylum system and ensure immediate protection of Ukraine refugees, the EU made an historically unprecedented move by activating the Temporary Protection. Around 4 million persons fleeing Ukraine after the Russian invasion benefitted from temporary protection at the end of 2022.

Against all odds, the EU with its Member States demonstrated that are able to manage arrivals in an orderly and effective way in respect for fundamental rights and international obligations. Indeed, it has been quite overwhelming to see how those fleeing the war in Ukraine were able to freely move within the Schengen area, choose the Member State where to ask for temporary protection and establish their legal residence and have access to services and support.

At the same time, the Temporary Protection Directive only applies to those flying the war in Ukraine. The Others are left out and exposed to violations of their human rights and most notably their right to asylum at the EU external border. This is in particular what has been happening at the Polish, Lithuanian, Latvian and Hungarian external border of the EU. Whilst rules were enacted to facilitate the entry of Ukrainian refugees – at the same time – emergency rules were put into place to deny access to territory or status determination to those fleeing from other parts of the world. In these times of crisis, the Court of justice and the national courts have been playing a key role in trying to re-establish a system legality and respect of EU law and human rights.

Against this background, the Conference addresses the issue of the emergence of a two-tier-system that disadvantages and discriminates against asylum seekers from outside Ukraine and of the ongoing challenges at the EU external border to ensure a fair access to asylum.

Speakers:

Aurélien RACCAH “Asylum & migration in the EU: a crossroad between the Area of Freedom, Security and Justice and the EU External Action”

Prof M. R. PAPADOPOULOU, “The EU Response to the Ukraine: an exceptional case or a blueprint for going forward?

Dr Silvia BARTOLINI: “Access to Asylum in Times of Crisis: the case of Poland, Ukraine and Latvia”

Aniko BAKONYI “Denying Access to Asylum: the case of Hungary”

Gorica ATANASOVA “Security Issues and Protection of Vulnerable Victims at the EU External Border: an OSCE Perspective”