| Abstract [eng] |
The master's thesis analyzes EU law and migration policy after 2022 through the interaction of solidarity, security and human rights. The change in this interaction is best revealed by comparing the periods before 2022 and after 2022, therefore the first chapter is devoted to discussing the development of EU law and migration policy, the most important legal acts for the period before 2022 and the sources of soft law. The EU institutions that enact EU legal acts or otherwise contribute to the regulation of migration are also analyzed. The second chapter is devoted to discussing the period after 2022, emphasizing the impact of the changed geopolitical situation on the interaction of solidarity, security and human rights. Much attention is paid to the Temporary Protection Directive, which was adapted to persons fleeing the large-scale war in Ukraine. It was revealed that although it was the most appropriate tool available to the EU at that time to manage the situation, it did not ensure the proper interaction of solidarity, security and human rights. The focus is on the Pact on Migration and Asylum, which was developed to improve migration management in the EU. It analyses the innovations the EU has undertaken in adopting this Pact and how it regulates solidarity, security and human rights therein. The third chapter focuses on the practical analysis of the interaction between solidarity, security and human rights, in order to reveal how it is ensured. Solidarity is examined, emphasizing the approach of EU Member States to it after the adoption of the Pact on Migration and Asylum, which more clearly regulated solidarity. The case law of the CJEU and the ECtHR is used to analyse the interaction, examining the principle of non-refoulement, which is an integral part of current EU law and migration policy. The results of the study showed the unsuccessful, but improving search for the interaction between solidarity, security and human rights in EU law and migration policy after 2022. The conclusions of the work emphasize the need to more clearly regulate Frontex's responsibilities, eliminate gaps in solidarity by eliminating the possibility of not contributing to the influx of migrants at all, and propose the option of establishing independent institutions at the border that would constantly monitor the work of institutions working with migrants. |
