Pagrindinės Europos Sąjungos prieglobsčio teisyno įgyvendinimo problemos Lietuvoje

Abstract

This article aims to review the main Lithuanian asylum legislation in light of the EU asylum acquis and identify existing or possible constrains to the effective implementation of the acquis. The author analyses the main legal documents regulating the protection of refugees, adopted under Article 63 of the Amsterdam Treaty of the European Union (EU), which represents a first stage of asylum law harmonisation process in the EU. At the time of Lithuania’s accession to the EU it was under an obligation to align its law and practice with then legally non-binding EU provisions on asylum. Even more so after accession, this time with legally binding legislation, now in place in the EU. But even after the adoption of the last asylum instrument under the Amsterdam Treaty by the end of 2005, asylum law developments within the EU can not be considered completed yet. Discussions on the second stage of harmonisation and preparations for it are taking place within the EU. This process will further influence the development of legal regulation of asylum matters in the EU Member States, including Lithuania. The author stresses that not less important than the legal alignment is the development of national jurisprudence in line with the legal provisions and spirit of the EU law in this field.