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Development of the EU asylum Policy : preventing the access to protection

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2004
Bahadır, Aydan
This thesis analyzes the ignored humanitarian concerns in the development of the EU Asylum Policy. As a result of the strict migration control concerns, EU has engaged in forming a new regional refugee protection system which is tacitly based on limiting the access of protection seekers to the EU territories. In that context, the thesis aims to assess the scope and impact of the externalizing tendencies in the EU asylum policy development and thereby aims to attract the attention to the contradiction that EU falls in its human rights and refugee protection commitments while trying to prevent refugees from arriving to the Union̕s territories. To this aim, after giving a general account of the development of EU Asylum competence, the thesis will extensively deal with the pre-entry and the post-entry access prevention measures which act to serve to this access prevention strategy. Under pre-entry access prevention measures, the thesis will deal with the visa requirement, carrier sanctions and other complementary tools which prevent the protection seekers from ever arriving at the EU territory. Under the post-entry access prevention mechanisms the thesis will analyze the ءsafe third country̕ and ءhost third country̕ implementations and readmission agreements which aim to divert the protections seekers summarily out of the EU territories. In analyzing these policies, the thesis will try to demonstrate how EU Member States try to shirk their non-refoulment obligation, which is the heart of the refugee protection regime, through applying legitimate deemed means.