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The 2015 Immigration Knot Between the European Union and the Balkans Sara Jud June 2017

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The 2015 Immigration Knot Between the European Union and the Balkans Sara Jud June 2017 S. JUD METU 2017 THE 2015 IMMIGRATION KNOT BETWEEN THE EUROPEAN UNION AND THE BALKANS SARA JUD JUNE 2017 THE 2015 IMMIGRATION KNOT BETWEEN THE EUROPEAN UNION AND THE BALKANS A THESIS SUBMITTED TO THE GRADUATE SCHOOL OF SOCIAL SCIENCES OF MIDDLE EAST TECHNICAL UNIVERSITY BY SARA JUD IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF SCIENCE OF INTERNATIONAL RELATIONS IN THE DEPARTMENT OF INTERNATIONAL RELATIONS JUNE 2017 Approval of the Graduate School of Social Sciences Prof. Dr. Tülin Gençöz Director I certify that this thesis satisfies all the requirements as a thesis for the degree of Master of Science in International Relations. Prof. Dr. Özlem Tür Head of Department This is to certify that we have read this thesis and that in our opinion it is fully adequate, in scope and quality, as a thesis for the degree of Master of Science in International Relations. Prof. Dr. Mustafa Türkeş Supervisor Examining Committee Members Assoc. Prof. Dr. Sevilay Kahraman (METU, IR) Prof. Dr. Mustafa Türkeş (METU, IR) Assoc. Prof. Dr. Emel Gülden Oktay (Hacettepe Uni., IR) I hereby declare that all information in this document has been obtained and presented in accordance with academic rules and ethical conduct. I also declare that, as required by these rules and conduct, I have fully cited and referenced all material and results that are not original to this work. Name, Last name: Sara Jud Signature : iii ABSTRACT THE 2015 IMMIGRATION KNOT BETWEEN THE EUROPEAN UNION AND THE BALKANS Jud, Sara M.S., Department of International Relations Supervisor: Prof. Dr. Mustafa Türkeş June 2017, 272 pages This thesis explores the European Union’s (EU) response to the 2015 migration wave. It examines the impact of migration influx on the existing European asylum regulations. It then looks into the Western Balkan route and its consequences for the transit Balkan region and refugees. The positions of concerned actors – the EU, the Balkan states, migrants/refugees, and Turkey are pointed out. In this regard, the thesis shows how their interests are conflicted and thus consequently no common position is worked out. The thesis argues that the internally divided EU is exaggerating over the migration ‘burden’ and failing to assure both the temporary protection mechanism as well as the application of the solidarity clause. It transferred the problem of refugees into a refugee problem by transfer of the apparent ‘burden’ into the wider Balkan ‘buffer-zone’ through the mechanisms of Europeanization and enhancement of the safe third country concept. For Turkey, this was a matter of linkage between migration, visa liberalisation, and readmission. The thesis concludes that the refugee issue became instrumentalised as a bargaining chip iv between the EU and the Balkan states as well as Turkey which all expected trade- offs for the desired migration management that exceeded their capacities. The most vulnerable part of the actors’ triangle, the refugees, were sacrificed, while the international asylum system was undermined and weekend. Keywords: European Union, Turkey, Balkans, asylum, readmission v ÖZ BALKANLAR VE AVRUPA BİRLİĞİ ARASINDAKİ GÖÇMENLİK DÜĞÜMÜ 2015 Jud, Sara Yüksek Lisans, Uluslararası İlişkiler Bölümü Tez Yöneticisi: Prof. Dr. Mustafa Türkeş Haziran 2017, 272 sayfa Bu tez Avrupa Birliği’nin (AB) 2015’teki göç dalgasına verdiği karşılığı inceler ve göç akışının Avrupa’nın halihazırdaki sığınma konusundaki düzenlemeleri üzerindeki etkisini sorgular. Ayrıca, Balkan bölgesinin geçişi ve mülteciler için Batı Balkan güzergahını ve sonuçlarını gözden geçirir. İlgili aktörlerin (AB, Balkan Devletleri, göçmen/mülteciler ve Türkiye) tutumlarına dikkat çeker. Bu bağlamda, aktörlerin çıkarlarının nasıl birbiriyle çatıştığını ve bunun sonucunda ortak bir zeminin oluşamadığı üzerinde durur. Tez, dahili olarak bölünmüş Avrupa Birliği’nin göç yükünü abarttığını ve dayanışma hükmünün uygulanmasının yanısıra geçici koruma mekanizmasının da temini konusunda başarısız olduğunu öne sürer. Bu durum, Avrupalılaşma ve güvenli üçüncü ülkenin güçlendirilmesi gibi mekanizmalar ile görünürdeki yükü daha geniş olan Balkan ‘tampon bölgesine’ naklederek mültecilerin problemlerini bir mülteci problemine dönüşmesine neden olmaktadır. Türkiye açısından ise bu göç, vize muafiyeti ve geri kabul denklemini içinde barındıran bir konudur. Bu çalışma, mülteci meselesinin AB, Balkan vi Devletleri ve Türkiye arasında tüm tarafların arzuladıkları fakat kendi kapasitelerini aşan bir göç yönetimi takası umdukları bir pazarlık konusu olarak araçsallaştırıldığı sonucuna varır. Uluslararası sığınma sisteminin temeli çürütülüp zayıflatılırken, bahsedilen aktörler üçgeninin en savunmasız kısmını oluşturan mülteciler feda edildi. Anahtar kelimeler: Avrupa Birliği, Türkiye, Balkanlar, sığınma, geri kabul vii DEDICATION To My Parents viii ACKNOWLEDGMENTS The author wishes to extend her deepest gratitude to supervisor Prof. Dr. Mustafa Türkeş for his thoughtful guidance. His advice and constructive criticism shed new perspectives on analysed issues and helped the author to gain a thorough insight into the research topic. The author would also like to thank her parents for unconditional belief, generous support and encouragements throughout her whole educational path. Last but not least, the author wishes to kindly thank her fiancé for benevolent backing and understanding during the research. ix TABLE OF CONTENTS PLAGIARISM...........................................................................................................iii ABSTRACT .............................................................................................................. iv ÖZ ............................................................................................................................. .vi DEDICATION..........................................................................................................viii ACKNOWLEDGMENTS ......................................................................................... ix TABLE OF CONTENTS ........................................................................................... x LIST OF TABLES ................................................................................................. xiii LIST OF FIGURES ................................................................................................. xiv LIST OF ABBREVIATIONS .................................................................................. xv CHAPTER 1. INTRODUCTION: DEFINING THE PROBLEM ................................................ 1 2. AN OVERVIEW OF THE EU IMMIGRATION POLICY AND THE BALKAN STATES’ ADJUSTMENT...................................................................9 2.1. Introduction.....................................................................................................9 2.2. EU immigration policy until 2015 ..... ...........................................................11 2.2.1. Development of the common European asylum system . ....................13 2.2.2. The internal dimension: Regulating member states’ responsibility.....21 2.2.3. The intra-EU dimension: Responsibility transfer to third states..........33 2.2.3.1. Safe third country concept .... ................................................33 2.2.3.2. Readmission agreements ... ...................................................43 2.2.3.3. Asylum as a criterion for the EU accession . .........................48 2.2.3.3.1. Balkan states asylum adjustments .. ...................................51 x 2.2.4. ‘Other’ extraterritorial measures: Ideas and reality..............................54 2.3. Conclusion......................................................................................................63 3. 2015 MIGRANT WAVE AND ITS CHALLENGE TO THE EU AND THE BALKANS............................................................................................................65 3.1. Introduction....................................................................................................65 3.2. Origins and composition of the flow: Migrants or refugees?........................66 3.3. The Western Balkan route: A bridge or a final destination?.........................74 3.4. Addressing the migration ‘crisis’ ..................................................................81 3.4.1. Re-Defining the ‘fortress’: Relocations, resettlement, return, and readmission with the help of external contractors................................82 3.4.2. The EU’s ‘Balkan (non)solution’.......................................................103 3.5. Conclusion...................................................................................................109 4. THE BALKAN STATES’ RESPONSES TO MIGRATION WAVE: FORMATION AND APPLICATION OF MIGRATION POLICIES...............112 4.1. Introduction..................................................................................................112 4.2. The Balkan’s maze: The countries to pass...................................................113 4.2.1. The main Route.................................................................................113 4.2.1.1. Greece: The unsuccessful migration gambit.........................113 4.2.1.2. Macedonia: ‘Crisis’ upon crisis transforms the problem......122 4.2.1.3. Serbia: More European than Europe ....................................129 4.2.1.4. Hungary: The (sole) firm defender of ‘Christian’ Europe....135 4.2.1.5. Croatia: A pragmatic state on the European external border144 4.2.1.6. Slovenia: Quick follower......................................................151
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