Granting the Right to Asylum - the Implications on National Security

AuthorMonica Pocora
European Integration - Realities and Perspectives. Proceedings 2016
Granting the Right to Asylum the Implications on the National Security
Monica Pocora1
Abstract: Given all the implications it entails the obligations under relevant in ternational conventions on
asylum and the need to harmonize them with national interest, at the level o f each state has led to the
development of international standards on asylum procedure. Thus, at European level there were developed
a series of concepts, the legislative and institutional measures, which aimed at, on the one hand the people in
need of international protection, enjoying effective protection and a standard of appropriate support and
secondly discouraging any form of abuse to the institution of asylum.2
Keywords: international conventions on asylum; EU; international protection
Besides the directives3 and of others existing regulations, currently there are under discussion and / or
pending for adoption several other migration directives, plans and programs set out in the European
Union4 in the field. A special place is occupied by the asylum regulations. In this sense it should be
mentioned first the distinction between asylum seekers and other migrants categories. Thus, while the
migrant has opted to leave their home for economic, social, cultural, family, etc. reasons, the asylum
seeker/the one who received a form of protection (refugee status, subsidiary or temporary pr otection)
is forced to leave home because his life or freedom are threatened.
The International agreements establish the obligation of signatory states to ensure unhindered access
to the asylum procedure and the principle of non-returning (i.e. prohibition of measures of return,
expulsion, extradition) of an applicant or person who is during the procedure to apply for asylum,
accompanied by providing the necessary assistance during the course of the asylum procedure and
then, for those who receive some form of protection. The European policies and legislation on asylum
represents a distinct field of European regulation in the migration domain.
The simplest difference is that, while the asylum seekers or persons who received a form of protection
were forced to leave their countries of origin as their life or freedom was threatened, in the case of
migrants, they choose for various reasons, to leave their countries of origin and settle temporarily or
permanently in another state, these reasons may be economic, social, cultural, family, etc.
1 Associate P rofessor, PhD, Faculty of Law, “Danubius” University of Galati, Romania. Address: 3 Galati Blvd, 800654
Galati, Romania. Tel.: +40.372.361.102, fax: 40.372.361.290, Corresponding author:
2 All these measures were covered by the documents that make up the acquis in the field of asylum and it concerns: Creating
a Common European Policy in the Asylum domain (Tampere Programme); The Hague Programme - setting out measures
aiming at assistance and cooperation with the countries from the origin and transit region s with EU neighb oring countries,
and particular emphasis on the measures of social integration of foreigners.

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