Challenges of Approximation of Lithuanian Legislation with the European Union Asylum Acquis
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Abstract
Approximation of legislation plays a significant role in the process of accession to the European Union, along with approximation of policies and administrative practices. Asylum questions together with other fields of justice and home affairs become more and more acute and are to no lesser extent relevant for Lithuania as that for the EU. The objective of this article is to analyse the results of approximation of Lithuanian legislation with asylum acquis of the EU and determine the gaps in this process, as well as the challenges to be met. The article covers the situation for the period of 2000-2002. The focus of the analysis is the legislation of Lithuania regulating asylum matters, being assessed in the context of EU policies and legal acts on asylum. The article reviews the requirements for membership related to asylum issues, the state of affairs of approximation process and the remaining gaps to be filled with a view of meeting accession requirements. A prognosis of possible constrains in this process is also presented in the article.
Similarly, as the other countries joining the European Union, Lithuania might face at least two challenges with regard to adoption and implementation of the asylum acquis. First, related to the fact that asylum acquis is constantly developing in the EU and Lithuania will have to catch up with these developments in adopting legislation and transforming it to practice. Secondly, the regulation of asylum matters in the Union represents a search of a balance between the human rights protection, including the right to seek asylum, and on the other hand – interests of the Member States to control the entry of foreigners to their territory. Lithuania will thus need to find a way of reconciling these two mutually conflicting interests.
Having analysed the period since 2000, when the first results of approximation of Lithuanian legislation with the EU acquis have emerged, it can be concluded that a significant work has been done in this area by the end of 2002. This process continues and will very much depend not only on the national realities in Lithuania, but even more – on the legislative tendencies in the Union. Among the remaining tasks in this field by the end of 2002, Lithuania will have to align its legislation on temporary and complementary protection issues, procedural guarantees for asylum procedure, particularly at the border; to find a balance between the migration control measures and the protection of human rights; properly regulate the issues related to family reunification and the situation of unaccompanied minor asylum seekers. Difficulties in this process may arise not only with regard to approximation efforts, which require substantial attention, but also in the phase of implementation of EU legal norms in practice. In this connection, difficulties might be faced in finding opportunities to receive asylum seekers arriving in mass influx situations and providing temporary protection to them, as well as proper reception conditions for an increasing number of asylum seekers. The new Law on Legal Status of Aliens, to be adopted in 2004, is likely to address the remaining gaps, while the practical preparation for its implementation should also be concluded at the date of Lithuania’s entry into the European Union.
Similarly, as the other countries joining the European Union, Lithuania might face at least two challenges with regard to adoption and implementation of the asylum acquis. First, related to the fact that asylum acquis is constantly developing in the EU and Lithuania will have to catch up with these developments in adopting legislation and transforming it to practice. Secondly, the regulation of asylum matters in the Union represents a search of a balance between the human rights protection, including the right to seek asylum, and on the other hand – interests of the Member States to control the entry of foreigners to their territory. Lithuania will thus need to find a way of reconciling these two mutually conflicting interests.
Having analysed the period since 2000, when the first results of approximation of Lithuanian legislation with the EU acquis have emerged, it can be concluded that a significant work has been done in this area by the end of 2002. This process continues and will very much depend not only on the national realities in Lithuania, but even more – on the legislative tendencies in the Union. Among the remaining tasks in this field by the end of 2002, Lithuania will have to align its legislation on temporary and complementary protection issues, procedural guarantees for asylum procedure, particularly at the border; to find a balance between the migration control measures and the protection of human rights; properly regulate the issues related to family reunification and the situation of unaccompanied minor asylum seekers. Difficulties in this process may arise not only with regard to approximation efforts, which require substantial attention, but also in the phase of implementation of EU legal norms in practice. In this connection, difficulties might be faced in finding opportunities to receive asylum seekers arriving in mass influx situations and providing temporary protection to them, as well as proper reception conditions for an increasing number of asylum seekers. The new Law on Legal Status of Aliens, to be adopted in 2004, is likely to address the remaining gaps, while the practical preparation for its implementation should also be concluded at the date of Lithuania’s entry into the European Union.
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