EUROPEAN UNION MIGRATION POLICIES AND REFUGEE RIGHTS: LEGAL ASPECTS AND IMPLEMENTATION

Abstract

This study critically examines the legal aspects and implementation challenges of the European Union’s (EU) migration policies and refugee rights framework. As migration trends intensify due to conflicts, climate change, and socio-economic disparities, the EU has sought to balance border security with humanitarian obligations through the Common European Asylum System (CEAS) and international legal commitments. The research investigates the legal underpinnings of EU migration policies, including key instruments like the Dublin Regulation and Temporary Protection Directive, alongside international obligations under the 1951 Refugee Convention and European Convention on Human Rights. Using a qualitative research design based on policy analysis, case studies, and comparative evaluation, the study identifies significant implementation gaps. Key findings show there is fragmented responsibility-sharing by member states, as well as disparities in member states asylum procedures and accusations of human rights violations, including illegal pushbacks and poor quality of reception conditions. Additionally, the spread of populism and the outsourcing of migration management to third countries add to the challenges. The paper ends with proposals for aligning asylum policies, improving integration policy, and ensuring fidelity to the rule of rights. The article stresses the need for EU member states to stick together and for international norms to guide what can be a better and fairer migration system.