Florida International University FIU Digital Commons FIU Electronic Theses and Dissertations University Graduate School 11-13-2017 The yS rian Refugee Crisis and the European Union: A Case Study of Germany and Hungary Simone-Ariane Schelb Florida International University, [email protected] DOI: 10.25148/etd.FIDC004023 Follow this and additional works at: https://digitalcommons.fiu.edu/etd Part of the Comparative Politics Commons, Eastern European Studies Commons, European Languages and Societies Commons, European Law Commons, Human Rights Law Commons, Immigration Law Commons, International Humanitarian Law Commons, International Law Commons, International Relations Commons, Language Interpretation and Translation Commons, Law and Politics Commons, Legal Studies Commons, Near and Middle Eastern Studies Commons, Other International and Area Studies Commons, and the Public Affairs, Public Policy and Public Administration Commons Recommended Citation Schelb, Simone-Ariane, "The yS rian Refugee Crisis and the European Union: A Case Study of Germany and Hungary" (2017). FIU Electronic Theses and Dissertations. 3543. https://digitalcommons.fiu.edu/etd/3543 This work is brought to you for free and open access by the University Graduate School at FIU Digital Commons. It has been accepted for inclusion in FIU Electronic Theses and Dissertations by an authorized administrator of FIU Digital Commons. For more information, please contact [email protected]. FLORIDA INTERNATIONAL UNIVERSITY Miami, Florida THE SYRIAN REFUGEE CRISIS AND THE EUROPEAN UNION: A CASE STUDY OF GERMANY AND HUNGARY A thesis submitted in partial fulfillment of the requirements for the degree of MASTER OF ARTS in INTERNATIONAL STUDIES by Simone-Ariane Schelb 2017 To: Dean John F. Stack, Jr. Green School of International and Public Affairs This thesis, written by Simone-Ariane Schelb, and entitled The Syrian Refugee Crisis and the European Union: A Case Study of Germany and Hungary, having been approved in respect to style and intellectual content, is referred to you for judgment. We have read this thesis and recommend that it be approved. _______________________________________ Thomas A. Breslin _______________________________________ John G. Oates _______________________________________ Susanne Zwingel, Major Professor Date of Defense: November 13, 2017 The thesis of Simone-Ariane Schelb is approved. ____________________________________ Dean John F. Stack, Jr. Green School of International and Public Affairs ____________________________________ Andrés G. Gil Vice President for Research and Economic Development and Dean of the University Graduate School Florida International University, 2017 ii DEDICATION I dedicate this thesis to my husband. Your love, support, and belief in me have carried me further than I ever thought I could go. iii ABSTRACT OF THE THESIS THE SYRIAN REFUGEE CRISIS AND THE EUROPEAN UNION: A CASE STUDY OF GERMANY AND HUNGARY by Simone-Ariane Schelb Florida International University, 2017 Miami, Florida Professor Susanne Zwingel, Major Professor This thesis explores the impact of the Syrian refugee crisis on the Common European Asylum System. It evaluates the extent to which the European Union was able to implement a common asylum system, identifies discrepancies between different European countries, primarily Germany and Hungary, and briefly examines the roots of these differences. To this end, the structure of the international refugee protection regime and the German and Hungarian asylum systems are analyzed. Furthermore, the thesis explores how the governments of the two countries perceive the rights of refugees and how their views have affected their handling of the crisis. The case studies of Germany and Hungary have revealed that the treatment of Syrian refugees varies enormously within the EU. Hence, the implementation of the Common European Asylum System has not been achieved, which can be attributed to the deficiencies within the system and the growing ideological rifts within the EU. iv TABLE OF CONTENTS CHAPTER PAGE I. INTRODUCTION ................................................................................................... 1 II. THE INTERNATIONAL REFUGEE PROTECTION REGIME ........................... 2 II.a. The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol .... 2 II.b. The Common European Asylum System ............................................................... 15 II.c. State Sovereignty and Refugee Rights ................................................................... 31 III. THE SYRIAN REFUGEE CRISIS ....................................................................... 35 III.a. Roots of the Syrian Refugee Crisis ........................................................................ 35 III.b. Grounds of Protection for Syrians ......................................................................... 38 IV. SYRIAN REFUGEES IN THE EUROPEAN UNION ......................................... 42 IV.a. Germany ................................................................................................................. 46 IV.b. Hungary.................................................................................................................. 67 V. CONCLUSION ...................................................................................................... 92 v ABBREVIATIONS AND ACRONYMS AfD Alternative for Germany AFSJ Area of Freedom, Security, and Justice AMIF Asylum, Migration, and Integration Fund BAMF Federal Office for Migration and Refugees (Germany) Bundesamt für Migration und Flüchtlinge CAT Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment CEAS Common European Asylum System CEDAW Convention on the Elimination of all Forms of Discrimination Against Women CJEU Court of Justice of the European Union CoE Council of Europe EASO European Asylum Support Office EATRR European Agreement on Transfer of Responsibility for Refugees ECHR European Convention on Human Rights ECJ European Court of Justice ECtHR European Court of Human Rights EU European Union EURODAC European Asylum Dactyloscopy Database Fidesz Federation of Young Democrats–Hungarian Civic Alliance Fiatal Demokraták Szövetsége–Magyar Polgári Szövetség GETZ Joint Centre for Countering Extremism and Terrorism (Germany) Gemeinsames Extremismus- und Terrorismusabwehrzentrum GTAZ Joint Extremism and Counter-Terrorism Center (Germany) Gemeinsames Terrorismusabwehrzentrum vi IAO Immigration and Asylum Office (Hungary) Bevándorlási és Menekültügyi Hivatal ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social, and Cultural Rights ICJ International Court of Justice ISIL Islamic State of Iraq and the Levant KDNP Christian Democratic People’s Party (Hungary) Kereszténydemokrata Néppárt MILo Migration Info Logistics system Migrations-Infologistik System OPCW Organization for the Prohibition of Chemical Weapons OSCE Organization for Security and Cooperation in Europe TEC Treaty Establishing the European Community TEU Treaty on European Union TFEU Treaty on the Functioning of the European Union UDHR Universal Declaration of Human Rights UN United Nations UNHCR United Nations High Commissioner for Refugees vii I. INTRODUCTION The Syrian refugee crisis presents the largest refugee crisis of our time. Per the United Nations High Commissioner for Refugees (UNHCR), more than 5 million people have fled Syria (Syria Regional Refugee Response). While the majority of refugees have sought refuge in Syria’s neighboring countries, with approximately 3 million in Turkey, 1 million in Lebanon, 650,000 in Jordan, 240,000 in Iraq, and 120,000 in Egypt, the number of asylum applications to countries of the European Union (EU) has risen close to 1 million (Syria Regional Refugee Response).1 In 2007, the European Union established a Common European Asylum System (CEAS) in accordance with international refugee law and international human rights law, a measure resulting from the creation of a common market and the abolition of internal borders. It recognizes the right of refugees fleeing persecution or serious harm in their home country to seek asylum and considers the granting of asylum an international obligation. It, furthermore, establishes minimum standards for the treatment of refugees. Syrian refugees seeking asylum in the EU should, therefore, encounter similar rights and conditions in different member states. However, the facts on the ground portray a divided EU: while some countries have been welcoming refugees, others have been more reluctant to do so. After analyzing the structure of the international refugee protection regime, primarily the 1951 Convention Relating to the Status of Refugees with its 1967 Protocol 1 The official UNHCR figures are based on registered refugees. The actual number of refugees in Turkey, Lebanon, Jordan, Iraq, and Egypt is higher since many refugees do not register. The official UNHCR figures for first-time asylum applications in the EU are based on data provided by 28 EU member states plus Norway and Switzerland and are likely to include repeated applications. 1 and CEAS, and outlining the roots of the Syrian refugee crisis and the grounds for asylum for Syrians, this thesis will explore to which extent the European Union was able to implement a common asylum system. The objective is to, furthermore, identify discrepancies between different European countries in their interpretation of and adherence to the international