More equitable and humane asylum policies in the European Union
Submitting Institution
London School of Economics & Political ScienceUnit of Assessment
Politics and International StudiesSummary Impact Type
SocietalResearch Subject Area(s)
Economics: Applied Economics
Studies In Human Society: Policy and Administration
Law and Legal Studies: Law
Summary of the impact
Dr Eiko Thielemann is Director of the LSE's Migration Studies Unit (MSU).
His research into asylum policy in the EU has shown that certain key
policies have undermined efforts to share responsibility for the over six
million asylum seekers that have entered Europe over the past two decades.
MSU's policy recommendations and Thielemann's involvement in the
policymaking process have helped shift the debate away from an
over-reliance on EU policy harmonisation towards the adoption of new
burden-sharing instruments. By providing robust analysis in an emotive
policy area, the MSU's research has contributed to the development of more
equitable and effective policies that have helped some of the world's most
vulnerable individuals to find protection from persecution.
Underpinning research
Research Insights and Outputs: Thielemann's research on the
effectiveness of refugee burden-sharing [1] is embedded in the
`International Migration Policy and Law Analysis' (IMPALA) project, a
collaboration between LSE, Harvard University, Sydney Law School and the
Universities of Amsterdam and Luxembourg. IMPALA collects comparative data
on immigration and refugee policies and develops policy indices that have
enabled new research into the management of migration flows. MSU's
research on refugee burden-sharing in Europe has generated concrete policy
recommendations centred on three EU policy priorities: (i) regulatory
harmonisation (sharing policy); (ii) financial compensation (sharing
money) and iii) physical relocation (sharing people).
i) Regulatory harmonisation: The need for complementary burden-sharing
instruments
Dr Thielemann's research on the determinants of asylum flows has
demonstrated that the EU's attempts to achieve equitable refugee
burden-sharing through policy harmonisation has been fundamentally flawed.
The research found that even if Europe succeeded in harmonising national
policies, the unequal distribution of asylum burdens would persist given
differences in the `structural pull factors' of European states. Current
EU initiatives neglect the underlying causes of asylum and undermine
Member States' ability to use distinctive policy tools to counteract the
effect of structural factors that influence the distribution of burdens in
this area. By so doing, they tend to undermine rather than advance the
goal of equitable burden-sharing [1]. This research has established the
need for improved, complementary, burden-sharing initiatives for financial
and physical burden-sharing (relocation) [2].
ii) Financial burden-sharing: The need for a new European Refugee Fund
Dr Thielemann's analysis of the European Refugee Fund (ERF), led to the
publication of a special issue of the Journal of Common Market Studies,
which he co-edited [3] and a research report commissioned by the European
Parliament, which Thielemann co-authored [4]. This research found that the
ERF remains highly ineffective as a financial compensation mechanism, and
that its allocation rules restrict its burden-sharing impact and undermine
the fund's ability to encourage Member States to enhance their refugee
protection efforts [3]. On the basis of this finding, the EP report
proposed a reformed `capacity-based funding model' that would potentially
be more effective than a per application compensation mechanism. This work
argued that ultimately only the physical relocation of asylum seekers
would make a significant contribution to a more equitable distribution of
asylum costs across Member States [see also 6].
iii) Physical relocation: The need for a revised internal resettlement
mechanism
Research by Dr Thielemann has found that the EU's principal instrument for
the physical relocation of asylum seekers, the Dublin II Regulation,
encourages burden-shifting towards Member States located on the external
borders of the European Union, because it allocates the final
responsibility for asylum seekers to the country through which they first
entered the EU [5]. The research also warns against a reliance on
voluntary relocation mechanisms [2]. The ineffectiveness of such
instruments became tragically evident during the Libyan crisis,
reinforcing the MSU's findings that some form of automatic (binding)
relocation of refugees, based on Member States' capacities, is necessary
to achieve more effective burden-sharing.
Key Researchers: Thielemann has been at LSE since 2000; Dewan has
been at LSE since 2003.
References to the research
1. E.R. Thielemann (2004) `Why European Policy Harmonization Undermines
Refugee Burden- Sharing', European Journal of Migration and Law,
6, 1, 43-61. DOI: 10.1163/1571816041518769
2. E.R. Thielemann and T. Dewan (2006) `The myth of free-riding: Refugee
protection and implicit burden-sharing'. West European politics,
29, 2, 351-369 DOI: 10.1080/01402380500512742
3. E.R. Thielemann (2005) `Symbolic Politics or Effective Burden-Sharing?
Redistribution, Side- Payments & the European Refugee Fund', Journal
of Common Market Studies, 43, 4, 807-24. DOI:
10.1111/j.1468-5965.2005.00597.x
4. EP (European Parliament) (2010) What system of burden sharing
between Member States for the reception of asylum seekers? Final
Report for the Directorate General for Internal Policies, Policy
Department C: Citizens' Rights and Constitutional Affairs, Civil
Liberties, Justice and Home Affairs, IP/C/LIBE/IC/2008-049, 30.10.09 (lead
academic author: E.R. Thielemann).
5. E.R. Thielemann and C. Armstrong (2012), `Understanding European
Asylum Cooperation under the Schengen/Dublin System: A Public Goods
Framework', European Security, online, 1- 17. DOI:
10.1080/09662839.2012.699892
6. E.R. Thielemann (2003) `Between Interests and Norms: Explaining
Patterns of Burden-Sharing in Europe', Journal of Refugee Studies,
16, 3, 253-73. DOI: 10.1093/jrs/16.3.253
Evidence of quality: five publications in peer-reviewed
international journals. For the research projects outlined in section 2,
the LSE component of the IMPALA consortium [Thielemann as PI] secured
major funding from the European Parliament (EURO 350,000) and the
Australian Research Council (AUS$320,000).
Details of the impact
Nature of the Impact: The influence of MSU's research on EU
policymaking debate and practice on refugees can be traced through its
direct interactions with policymakers and in the way pre-legislative
policy reports have used its research findings. MSU's research has shaped
key debates on refuge protection in Europe. Some of its key policy
recommendations regarding the need for reformed burden-sharing policies
have been taken up by legislators. These reforms have started to
re-balance responsibilities across EU Member States and have been
acknowledged to have helped improve protection capacities in over-burdened
countries such as Greece [A]. In doing so, MSU's work has helped to
improve the chances of the tens of thousands refugees who come to Europe
each year to find effective protection from persecution.
i) Informing policy debate
In EU policymaking, research reports commissioned by EU institutions are
highly influential in the EU legislative process. They inform White and
Green papers through which they can influence legislative programmes and
ultimately new EU directives and regulations.
In recent years, the EU has commissioned three major research reports in
the area of migration management and refugee burden-sharing. Dr Thielemann
contributed to all three of these reports, as lead academic author for the
European Parliament's 2010 report [B]; as a member of the steering
committee of the European Commission's 2010 report, in which he was the
single most referenced author (21 separate references to six publications)
[C]. The report's conclusions supported Dr Thielemann's research findings
that policy harmonisation was insufficient by calling for an intra-EU
relocation pilot scheme for refugees [C, p.79,82]. In the third report, to
which Thielemann was also invited to contribute, three of Thielemann's
publications were referred to and the report's conclusions agreed with
Thielemann's call [3 in section 3 above] for stronger complementary
burden-sharing mechanisms and the expansion of a reformed European Refugee
Fund [D]
At the invitation of the Council of Ministers, Dr Thielemann served as a
Special Rapporteur for EU burden-sharing initiatives at its
inter-ministerial conference on Justice and Home Affairs in 2010 [E],
which led to a renewed impetus from the highest political level to address
solidarity issues in the negotiations of the EU's new legislative asylum
package [14]. He has given evidence on new physical relocation initiatives
to the all-party working group on asylum of the European Parliament and to
several workshops organised by the national contact points of the
intergovernmental European Migration Network, most recently hosted by the
Cypriot government [G].
Within the UK, two of Thielemann's publications on migration management
[1,2 in section 3 above] were specifically referred to by immigration
minister Phil Woolas in his written response to a parliamentary question
on asylum management in November 2009 [H]. In 2010, Thielemann was asked
by the UK Government's Chief Scientific Advisor to write a paper on the
effectiveness of policy on migration flows for the Foresight report on
Global Environmental Migration [I] which the BBC referred to `the most
detailed study carried out on the effect of flooding, drought and rising
sea levels on human migration patterns over the next 50 years' [J].
ii) Impact on policies
Important shifts in the EU asylum policy debate in recent years have
incorporated some of MSU's key policy recommendations on EU
burden-sharing.
First, the European Commission and the Member States have increasingly
acknowledged the central role that structural pull factors play in
influencing the size and direction of asylum flows. In 2007, the European
Commission recognised publicly for the first time that `the establishment
of a common asylum procedure and a uniform status will not completely
eradicate all reasons why asylum seekers may find one Member State a more
attractive destination than another', and accepted that `thought should
mainly be given to establishing "corrective" burden-sharing mechanisms'
[K, p.11].
Second, the European Commission and Member States have responded to the
MSU's criticism of the insufficient size of the European Refugee Fund
(ERF). In its 2007 Green Paper, the Commission states: `We need to
consider ways of further maximising the effectiveness of the European
Refugee Fund (ERF) as a supporting instrument for Member States' efforts
to implement EU asylum policy... ways must be explored to ensure ERF
funding can be put to better use in order to complement, stimulate and act
as a catalyst for the delivery of the objectives pursued, to reduce
disparities and to raise standards' [K, p.11]. Since then, the ERF's
resources have been expanded from around €200 million to a budget of
€3,869 million for its successor, the Asylum and Migration Fund (AMF).
Europe's principal refugee NGO (ECRE) is using MSU research to lobby for
further reform, particularly of the Fund's allocation mechanisms, citing
Dr Thielemann's 2010 research for the EP [L].
Third, the EU's legislative bodies have reacted to the criticism of the
`Dublin mechanism', led by MSU, in adopting the reformed Dublin III
Regulation in 2012. Some Member States took up Dr Thielemann's
recommendation for more physical relocation mechanisms by establishing the
pilot scheme EUREMA, which led to refugees in Malta being relocated to
other Member States. The review of this scheme by the International
Organization for Migration (IOM) prominently acknowledged the contribution
of Thielemann's research in the report's foreword [M].
Fourth, MSU's promotion of new physical relocation instruments was picked
up by the `Alliance of Liberal and Democrats for Europe' (ALDE) party
group in the EP, which in September 2012 convened a special refugee
relocation conference with all stakeholder groups at the EP, inviting Dr
Thielemann as the principal academic keynote speaker. The meeting resulted
in a resolution by the EP plenary [N] that calls on the Commission to
include an "EU distribution key" for the physical relocation of
beneficiaries of international protection in its future legislative
proposals for new refugee burden-sharing instruments and a report with an
invited contribution by Dr Thielemann [O].
Wider Implications: Six million asylum seekers have entered Europe
over the past two decades. By helping to shift the debate on
burden-sharing, Dr Thielemann's research is helping some of the world's
most vulnerable individuals to find protection from persecution.
Sources to corroborate the impact
All Sources listed below can also be seen at: https://apps.lse.ac.uk/impact/case_study/view/71
A. Mission of Greece (2013), Statement by Greece, 64th Session of the
Executive Committee of the High Commissioner for Refugees, Geneva, 2
October 2013.
http://www.mfa.gr/missionsabroad/en/permanent-mission-geneva/news/64th-session-of-the-executive-committee-of-the-high-commissioners-programme-statement-by-greece.html
B. EP (European Parliament) (2010) What system of burden sharing
between Member States for the reception of asylum seekers? Final
Report for DG Internal Policies, Policy Department C:
Citizens' Rights and Constitutional Affairs, Civil Liberties, Justice and
Home Affairs, IP/C/LIBE/IC/2008-049, 30.10.09. https://apps.lse.ac.uk/impact/download/file/1298
C. EC (European Commission) (2010) DG Home Affairs, Study on the
feasibility of establishing a mechanism for the relocation of
beneficiaries of international protection, JLX/2009/ERFX/PR/1005.
https://apps.lse.ac.uk/impact/download/file/1304
D. EP (2011) The Implementation of Article 80 of the Treaty on the
principle of Solidarity, Final Report for the DG for Internal
Policies, Policy Department C: Citizens' Rights and Constitutional
Affairs, PE 453.167. https://apps.lse.ac.uk/impact/download/file/1306
E. Correspondence: invitation letter from Belgium Presidency. Source
files:
https://apps.lse.ac.uk/impact/download/file/857
F. Belgium Presidency (2010), Responsibility and Solidarity, Statement by
Melchior Wathelet, Secretary of State for the Migration and Asylum policy,
Brussels, 15/7.2010.
http://www.eutrio.be/pressrelease/jha-council-melchior-wathelet-responsibility-and-solidarity
G. Correspondence: invitation letter from Government of Cyprus. Source
files:
https://apps.lse.ac.uk/impact/download/file/858
H. Hansard (2009) Written Answers to Parliamentary Question, Hansard
Commons Debates, 30 Nov 2009: Column 465W, UK Parliament.
I. Foresight (2011) Migration & Global Environmental Change,
London: UK Government Office for Science. https://apps.lse.ac.uk/impact/download/file/1308
J. BBC (2011), Climate change migration warning issued through report,
BBC News, 20/10/2011.
http://www.bbc.co.uk/news/science-environment-15341651
K. EC (European Commission) (2007) Green Paper on the future Common
European Asylum System. Brussels, 6.6.2007. COM (2007) 301 final. https://apps.lse.ac.uk/impact/download/file/1311
L. ECRE (2012), Comments and Recommendations of ECRE on the
Commission Proposals on the future EU funding in the area of migration
and asylum, ECRE: Brussels.
https://apps.lse.ac.uk/impact/download/file/1314
M. IOM (International Organization for Migration) (2011) Handbook on
Lessons Learned from the Pilot Project for intra-EU Reallocation from
Malta — EUREMA, Valetta: IOM. Source files:
https://apps.lse.ac.uk/impact/download/file/1058
N. EP (2012) European Parliament resolution of 11 September 2012 on
enhanced intra-EU solidarity in the field of asylum (2012/2032(INI)).
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P7-TA-2012-0310&language=EN&ring=A7-2012-0248
O. Hirsch N. (MEP) (2013) Asylum: Towards a Common European
Responsibility for the Asylum System — A European Distribution Key for
Asylum Seekers, Brussels: European Parliament/ALDE.
ISBN:978-3-937165-07-3. https://apps.lse.ac.uk/impact/download/file/1313