The refugee relocation system in the EU and its implications to the countries on the Western Balkans route: the aftermath of the flawed reception conditions in the EU

Abstract

The paper analyses how the controversial new Decision establishing provisional measures for the relocation of 120,000 asylum-seekers from Italy and Greece to other EU member states, which was adopted in September 2015 by the Extraordinary Justice and Home Affairs Council Meeting, affected the countries on the Western Balkans route. The paper will examine the scope and components of the newly adopted EU Temporary Relocation System. It is argued that the EU provisional relocation system, and its potential future conversion into a permanent system, constitutes a timid step forward in addressing the central controversies of the current refugee debate in Europe, which revolve around the question whether all member states are doing enough to receive and assist refugees arriving in the EU.

The paper will pay particular attention to the main issues and challenges that confront the effective operability of the EU relocation regime and all the ways it have affected the Western Balkan countries which are in a different stage in their European integration. The refugee crisis posed numerous challenges to the Western Balkan countries which are weak democracies and have unstable institutions. The countries’ infrastructure, social structure, as well as the health structure has been undermined when faced with the refugee crisis challenges. Although largely harmonized with the EU acquis, the legislative and institutional frameworks for migration management in Western Balkan countries need further adjustment. The paper will examine the changes that were made in the relevant legislation regulating foreigners/aliens; state border control; and the revision of the criminal code so as to criminalize migrant smuggling and to assign penalties.