2024 Theses Master's

Breaking the Pattern: Evaluating the Disparity of Asylum Rights Through Norms Translation, Localized Governance, and Lived Experiences of the Displaced in the European Union

Alekseev, Daniil

At the outbreak of the Russian full-scale invasion of Ukraine, the European Union fundamentally altered the rules of migration for those fleeing the conflict, invoking a never-before-used Temporary Protection Directive. Seen by many as a step in the right direction following the disastrous collapse of Dublin III in 2015, the decision also opened the door to academic and political discourses on the nature and fairness of asylum in Europe in contrast to the previous migration waves. Apparent as the disparity of experiences may be, a closer examination also reveals that the Directive is not a simple substitute for asylum.

This study demonstrates this by documenting and assessing the lived experiences of Ukrainians now residing within the European Union’s territory, critically evaluating them alongside the Union’s prior asylum policies witnessed during the European Migrant Crisis of 2015-2016 and their effects on Syrian refugees. In the process, the thesis argues that the Temporary Protection Directive provides an adequate improvement model for the European migration framework, even as it would require adjustments and changes in the long run.

The study concludes that if the claims of non-citizen human rights protection inside Europe are to be taken seriously, the European leadership now has an opportunity to build a fairer, more dignified asylum and humanitarian protection framework, should it muster the political will to overcome its internal hurdles.