Granting the Right to Asylum - the Implications on National Security

• Author: Monica Pocora
• Pages: 98-101

European Integration - Realities and Perspectives. Proceedings 2016

98

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: monicapocora@univ-danubius.ro.

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.

3 www.europa.eu.int/.

4 www.euractiv.ro/uniunea-europeana/articles.