• Ingen resultater fundet

Conclusion

4. The Impact of the New EU Pact on Europe’s External Borders: The Case of

4.4 By way of conclusion

mechanisms need to be established to ensure human rights compliance.

For example, short time limits for lodging an application or an appeal may considerably restrict the procedural guarantees available to asy-lum-seekers subject to border procedures, increasing the likelihood of expulsion (Jones et al., 2020). This flexibility approach might very well be seen as the Commissioners’ response to a demand by Greece, Cyprus and Bulgaria asking for ‘an emergency and flexibility clause’ to be integrated into the new Pact to ‘reinforce the frontline states’ capacity to effectively tackle exceptional migration circumstances’ (Cyprus News Agency, 2020). Does this offset the maintenance and expansion of the first entry criterion in the new Asylum and Migration Management (Dublin) Reg-ulation?

References

Amnesty International (2020), “Greece/Turkey: Asylum-seekers and migrants killed and abused at borders”, 3 April (www.amnesty.org/en/

latest/news/2020/04/greece-turkey-asylum-seekers-and-migrants-killed-and-abused-at-borders/)

Ansa (2020), “Close to 100,000 asylum applications still pending in Greece”, Infomigrants, 8 November (www.infomigrants.net/en/

post/26556/close-to-100-000-asylum-applications-still-pending-in-greece)

Beirens, H. (2020), “Greece’s Moria Tragedy: The Crash Test for the EU Pact on Migration and Asylum”, Migration Policy Institute (MPI) Commentaries, September.

Carrera, S. (2020), “Whose Pact? The Cognitive Dimensions of the New EU Pact on Migration and Asylum”, CEPS Policy Insights, No 2020-2022, September.

Carrera, S.  and  E. Guild  (2010), “'Joint Operation RABIT 2010' – FRONTEX Assistance to Greece’s Border with Turkey: Revealing the Deficiencies of Europe’s Dublin Asylum System”, CEPS Policy Paper, November.

Costello, C. (2020), “Overcoming Refugee Containment and Crisis”, German Law Journal, Vol. 21, Special Issue 1:20 Challenges in the EU in 2020, pp. 17-22.

Council of Europe (2009a), CommDH (2009)6, “Report by Thomas Hammarberg Council of Europe Commissioner for Human Rights following his visit to Greece 8-10 December 2008”, Strasbourg, 4 February.

Council of Europe (2009b), European Court of Human Rights (ECtHR), S.D. v Greece, Application no. 53541/07, 11 September 2009.

Council of Europe (2011), European Court of Human Rights (ECtHR), M.S.S. v Belgium and Greece, Application no. 30696/09, 21 January 2011.

Council of Europe (2013), European Court of Human Rights (ECtHR), B.M. v Greece, Application no. 53608/11, 19 December 2013.

Council of Europe (2015), European Court of Human Rights (ECtHR), A.Y. v Greece, Application no. 58399/11, 5 November 2015.

Council of Europe (2016), European Court of Human Rights (ECtHR), H.A. v Greece, Application no. 58424/11, 21 January 2016.

Council of Europe (2019), Commissioner for Human Rights Country Visit (2019), “Greece must urgently transfer asylum seekers from the Aegean islands and improve living conditions in reception facil-ities”, Athens, 31 October (www.coe.int/en/web/commissioner/-/

greece-must-urgently-transfer-asylum-seekers-from-the-aegean-is-lands-and-improve-living-conditions-in-reception-facilities)

Council of the EU (2015a), Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece, OJ L 248.

Council of the EU (2015b), Council Decision (EU) 2015/1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece, OJ L 239.

Council of the EU (2020), “Statement on the situation at the EU's external borders”, Press Release 126/20, 4 March.

Court of Justice of the EU (CJEU) (2011), Joined Cases N.S. (C-411/10) v Secretary of State for the Home Department and M.E. and Others (C-493/10) v Refugee Applications Commissioner and Minister for Justice, Equality and Law Reform, (GC) 21 December 2011.

Cyprus News Agency (2020), ”Cyprus Greece and Bulgaria ask EU for emergency clause on migration”, CyprusMail, 5 June (https://cyprus- mail.com/2020/06/05/cyprus-greece-and-bulgaria-ask-eu-for-emer-gency-clause-on-migration/)

den Heijer M., J. Rijpma and Th. Spijkerboer (2016), “Coercion, Prohibi-tion and Great ExpectaProhibi-tions. The continuing failure of the Common European Asylum System”, Common Market Law Review, Vol. 53, pp.

607-642.

Euronews (2020), “Greece claims to have stopped 4000 migrants at Turkish border”, Updated 29 February (www.euronews.com/2020/02/29/

greece-claims-to-have-stopped-4-000-migrants-at-turkish-border) European Asylum Support Office (EASO), Asylum Report 2020.

European Centre for Constitutional and Human Rights (ECCHR) (2019),

“EASO’s involvement in Greek Hotspots exceeds the agency’s compe-tence and disregards fundamental rights”, Case Report, April.

European Commission (2015a), Communication from the Commission

to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a European Agenda on Migration, COM/2015/0240 final.

European Commission (2015b), The Hotspot Approach to Managing Exceptional Migratory Flows, 11 September.

European Commission (2020a), Proposal for a Regulation of the European Parliament and of the Council addressing situations of crisis and force majeure in the field of migration and asylum, COM(2020) 613 final.

European Commission (2020b), Proposal for a Regulation of the European Parliament and of the Council introducing a screening of third country nationals at the external borders and amending Regula-tions (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817, COM/2020/612 final.

European Commission (2020c), Amended proposal for a Regulation of the European Parliament and of the Council establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU, COM/2020/611 final.

European Commission (2020d), Proposal for a Regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]

COM(2020) 610 final.

European Commission (2020e), Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a New Pact on Migration and Asylum, COM/2020/609 final

European Council (2016), Press release, EU-Turkey statement, 18 March.

European Council on Refugees and Exiles (ECRE) (2016a), “Greece urgently adopts controversial law to implement EU-Turkey deal”, 8 April (www.ecre.org/greece-urgently-adopts-controversial-law-to-implement-eu-turkey-deal/)

European Council on Refugees and Exiles (ECRE) (2016b), 2016 Update, AIDA Country Report Greece.

European Council on Refugees and Exiles (ECRE) (2018), “Top Greek Court annuls island restriction for new asylum seekers”, 20 April (www.ecre.org/top-greek-court-annuls-island-restriction-for-new-asylum-seekers/)

European Council on Refugees and Exiles (ECRE) (2020), “Greece:

Transfers to Improvised Tent Camp has Begun, Thousands Sleeping Rough, EU to Co-manage New Reception Structure in Lesbos”, 18 September (www.ecre.org/greece-transfers-to-improvised-tent- camp-has-begun-thousands-sleeping-rough-eu-to-co-manage-new-reception-structure-in-lesbos/)

European Parliament and the Council of the EU, Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international pro-tection (recast) OJ L 180.

European Parliament and the Council of the EU, Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international pro-tection (recast) OJ L 180.

Fallon, K. (2020), “Refugee Covid case sparks 'closed camps' fears on Lesbos”, The Guardian, 4 September.

Greek Council for Refugees (2013), “Access to Protection: a Human Right - The Country Report of Greece” (www.gcr.gr/el/news/press-releas-es-announcements/item/354-access-to-protection-a-human-right) Greek Council for Refugees and Oxfam Briefing (2020), “Diminished,

Derogated, Denied - How the right to asylum in Greece is under-mined by the lack of EU responsibility sharing”, 2 July.

Greek Ministry of Public Order and Citizen Protection (2013), Progress Report Greek Action Plan on Asylum and Migration Management January – May 2013, June.

Guild, E., C. Cathryn and V. Moreno-Lax (2017), “Implementation of the 2015 Council Decisions establishing provisional measures in the area of international protection for the benefit of Italy and of Greece”, Study for the LIBE Committee, PE 583 132.

Guild, E., E. Brouwer, K. Groenendijk and C. Sergio (2015), “What is happening to the Schengen borders?”, CEPS Paper No. 86, December.

HIAS Greece (2020), “Criminal charges pressed against the asylum seekers who arrived in Lesvos in March 2020”, Press release, 6 July (https://dm-aegean.bordermonitoring.eu/2020/07/19/hias-greece- criminal-charges-pressed-against-the-asylum-seekers-who-arrived-in-lesvos-in-march-2020/)

Human Rights Watch and others (2020), “Open Letter to Members of the

Hellenic Parliament Calling for an Investigation into Border Abuses”, October.

Jones C., J. Kilpatrick and M. Gkliati (2020), “Deportation Union: Rights, accountability and the EU's push to increase forced removals”, State-watch, August.

Karageorgiou, E. (2018), Rethinking solidarity in European asylum law:

A critical reading of the key concept in contemporary refugee policy, Doctoral Thesis, Lund University, Media-Tryck.

Karageorgiou, E. (2019), “The distribution of asylum responsibilities in the EU: Dublin, partnerships with third countries and the question of solidarity”, Nordic Journal of International Law, Vol. 88, No. 3, pp.

315-358.

Law No. 4375 of 2016 on the organization and operation of the Asylum Service, the Appeals Authority, the Reception and Identification Service, the establishment of the General Secretariat for Reception, the transposition into Greek legislation of the provisions of Directive 2013/32/EC [Greece], 3 April 2016.

Malichudis S.,  A. Stamatiadis  and  K. Karakatsanis (2020), “Labeled

“immigrants”, two-thirds of Moria’s population actually have a refugee profile”, Solomon, September 24.

Nielsen, N. (2019), “Greek migrant hotspot now EU’s ’worst rights issues’”, euobserver, Brussels 7 November (https://euobserver.com/

migration/146541)

Rankin, J. (2020), “Migration: EU praises Greece as 'shield' after Turkey opens border” The Guardian, 3 March.

Stevis-Gridneff M., P. Kingsley, H. Willis, S. Almukhtar and B. Malachy (2020), “‘We Are Like Animals’: Inside Greece’s Secret Site for Migrants”, New York Times, March 10. Updated Dec. 4.

UNHCR (1999), Note on International Protection, 7 July, A/AC.96/914.

UNHCR (2010), “Submission by the United Nations High Commissioner for Refugees for the Office of the High Commissioner for Human Rights’ Compilation Report - Universal Periodic Review: Greece”, November.

UNHCR (2015), “Over one million sea arrivals reach Europe in 2015”, 30 December (www.unhcr.org/news/latest/2015/12/5683d0b56/mil-lion-sea-arrivals-reach-europe-2015.html )

UNHCR (2020a), “2019 Year-End report Operation Greece”, 8 July.

UNHCR (2020b), “Statement on the situation at the Turkey-EU border”, 2 March (www.unhcr.org/news/press/2020/3/5e5d08ad4/unhcr-state-ment-situation-turkey-eu-border.html )

ΦΕΚ Α’45 (2020), 2.3.2020, Πράξη Νομοθετικού Περιεχομένου, Αναστολή της υποβολής αιτήσεων χορήγησης ασύλου.

ΦΕΚ 169/Α/1-11-2019, Νόμος 4636/2019 Περί Διεθνούς Προστασίας και άλλες διατάξεις.

5. ‘I Wish There Was a Treaty We Could Sign’

"Leonard Cohen (2016)"

Thomas Spijkerboer