"Pax inte!"- En undersökning av artikel 80 FEUF och vad den innebär i form av skyldigheter för EU:s medlemsstater att fördela flyktingströmmarna mellan sig utifrån varje stats kapacitet

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Författare: Virve Ivarsson; [2015]

Nyckelord: EU-rätt; Law and Political Science;

Sammanfattning: In 2014 five member states of the European union recieved 72 percent of all asylum applications that reached the union. This uneven distribution happend in spite of the fact that the Common European Asylum System (CEAS) since the adoptation of the Lisbon treaty according to article 80 TFEU is supposed to be governed by the princip of solidarity and fair sharing of responsibility. One explanation to the limited success of this article could be the fact that no guidence is given as to how these concepts are to be understood. The pupose of this study is to investigate article 80 TFEU and try to determine to what extent it implies an obligation for the member states to share the flow of refugees between themselves according to capacity. In order to do this I will investigate the background, purpose and judicial meaning of article 80 TFEU. The analysis of the concepts solidarity and fair-sharing of responsibility show that solidarity shall be seen as a general concept that fair-sharing is an expression of. Solidarity according to article 80 TFEU seems not to be possible without fair-sharing. The analysis of fair-sharing in it’s turn shows that it’s pupose seem to be reducing unduly heavy burdens that fall on the member states. To be able to determine when a burden is too heavy you need to have knowledge of each state’s capacity. Fair-sharing of responsibility is therefore definied as sharing responsibility according to capacity. It is at this stadge argued that the meaning of the principle of solidarity and fair-sharing in article 80 TFEU is that the Common European Asylumsystem shall be governed by the principle of sharing of responsibility according to each member state’s capacity. Article 80 TFEU does not on it’s on constitute an obligation for member states to share the flow of refugees between themselves according to their capacity. However, since the article is the founding principle of the CEAS it does constitute such an obligation when it’s combined with a regulation under article 78 TFEU. Article 80 TFEU should also constitute such an obligation when new policies are adopted on the area of refugee reception. Theese conclusions are of special interest since the European Commission in the beginning of May this year informed that it will suggest that the emergency system of article 78 TFEU gets activated. They also plan to table a legislative proposal by the end of this year to provide for a mandatory and automatically-triggered relocation system. It remains to be seen weather the European parliment and the council of the European union will agree to these proposals. If they are adopted, however, they will according to article 80 TFEU be governed by the princip of sharing according to capacity

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