巴尔干与中东难民的法律、经济与道德比较分析

A. Nagy
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引用次数: 0

摘要

在这项工作中,我们将用法律和事实来研究最近对所有欧盟和西巴尔干国家产生巨大影响的移民危机的原因。2014年和2015年,成千上万的难民在没有任何边境检查的情况下被欧盟接纳,这是唯一的事实,这让马其顿、塞尔维亚和科索沃的前南斯拉夫公民最初感到沮丧。为了在欧盟获得工作许可,所有这些国家都需要无休止的文书工作。最重要的是,科索沃居民甚至不能在没有签证的情况下前往欧盟。这导致成千上万的科索沃阿尔巴尼亚人通过一条众所周知的路线逃往欧盟。著名的巴尔干路线可以追溯到上世纪90年代初,当时前南斯拉夫开始解体。在波斯尼亚和黑塞哥维那、克罗地亚以及后来塞尔维亚的科索沃和梅托希亚的许多地区,战争活动成为日常活动。但是,前南斯拉夫以外国家的边界并没有对难民广泛开放。在欧洲层面,监管这一点的重要性在1990年的《都柏林公约》(后来的《条例》)中得到了体现,并给出了解决方案。在此之前,难民的主要思想,在某些情况下持不同政见者,被认为是许多技术工人和工匠从东方(共产主义)欧洲移民到西方(资本主义)欧洲。其中有些人是政治难民(持不同政见者),但其地位的主要标准主要取决于他们所具有的政治或经济价值。这些难民的价值在于他们的知识、技能和能力,这些可以用于经济发展,在某些情况下,知识分子逃离共产主义压迫的纯粹声望。在1990年的《都柏林公约》中,签署国认识到有必要管制寻求庇护。他们引入了第一个申请国的规则,即寻求庇护者申请庇护的国家。这意味着第一个申请的国家将专门处理寻求庇护者的案件,接受或拒绝它,之后其他都柏林国家不会再给一次机会。现在,这个系统成功地运行了很多年,直到2015年夏天匈牙利没有充斥着非法移民。即使在《都柏林条例》失败之后,人们也清楚地看到,它对当前的问题毫无用处,必须寻求解决方案。匈牙利的解决方案是臭名昭著的边境封锁,或者用匈牙利语“határzár”,而欧盟发明或重新发明了殖民时代的解决方案,欧盟的“真正”解决方案/问题当时是以配额制度的形式引入的。事实是,叙利亚公民有权在欧盟申请庇护,但在他们抵达欧盟之前,也有权在许多国家申请庇护。此外,他们从未打算在匈牙利等国宣称拥有主权,但他们被迫这么做了,因为很明显,人们越过边境,在没有任何检查的情况下前往西方的不同欧盟国家。匈牙利在某种程度上被指责其“执法”使用不同的工具,并最终与塞尔维亚建立了边界围栏。我们还有许多其他问题,特别是与难民必须在非常不人道的条件下旅行这一事实有关。如果他们想去一个国家,那个国家可以接受他们,为什么其他国家不帮助他们更容易到达呢?为什么他们很容易成为人口走私者和非法越境者的猎物?最后,我们将试图回答一个终极问题,为什么是德国?或者换句话说,为什么他们在欧盟西部受到欢迎,而在欧盟东部却不那么受欢迎,当我们说东部时,我们并不仅仅指匈牙利。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Comparative Analysis of Refugees Coming From Balkan and the Middle East From a Legal, Economical and Moral Viewpoint
In this work we will examine the reasons, covered with law and facts, about the recent migration crisis which had a tremendous influence on all EU and Western Balkan countries. The sole fact that thousands of refugees are being accepted to the EU without any border check in 2014 and 2015 caused the initial frustration of citizens in FYRO Macedonia, Serbia and Kosovo. All these countries need endless paperwork in order to acquire a work permit in EU. On the top of this Kosovo inhabitants can not even travel to EU without Visa. This lead to the exodus of thousands of Kosovo Albanians to the EU on a well known route. The famous Balkan route as it is called commonly has its roots back into the early 90’s when the dissolution of the former Yugoslavia (SFRJ) has started. War activities became an everyday activity in many regions of Bosnia and Herzegovina, Croatia and later Kosovo and Metohija in Serbia. Still the borders of countries outside of ex Yugoslavia were not widely opened for refugees. On the European level the importance for regulating this was seen and a solution given in The 1990 Dublin Convention, later Regulation. Before this the main idea of refugees, in some situations dissidents, was seen in the fact that many skilled workers and craftsmen emigrated from the East (Communist) Europe to the West (Capitalist) Europe. Some of them being Political refugees (dissidents) but the main criteria for their status was mainly determined by a political or economical value they had. The value of such refugees was their knowledge, skills and competence which could be used for economic development and in some cases the bare prestige of having intellectuals fled from the communist oppression. In the 1990 Dublin Convention, the signing parties recognized the need to regulate asylum seeking. They introduced the rule of the first country of application, where the asylum seeker has applied for asylum. That means that this first country of application will exclusively deal with the asylum seekers case and either accept or reject it, after what other Dublin countries will not give a chance for another try. Now this system lived successfully for many years until Hungary did not become flooded with illegal migrants in the summer of 2015. Even after the failure of the Dublin regulation it became evident that it is not useful for the present problem and a solution has to be sought. The Hungarian solution was the infamous border lock or in Hungarian “határzár” whereas the EU invented, or reinvented the solution from the colonial era, the EU’s “real” solution/problem had been introduced then in the form of a quota system. The fact is that Syrian citizens have a right to claim asylum in EU, but also in many countries prior to their arrival to EU as well. Also they never intended to claim it in e.g. Hungary but they are forced to since it became obvious that people cross the border and travel without any check to different EU countries to the west. Hungary was at some point blamed for its “law” enforcement using different tools and a border fence towards Serbia on the end. We have many other questions, in particular related to the fact that refugees have to travel in very inhuman conditions. If there is a country where they want to go and that country can accept them, why don’t other countries help them to reach it easier? Why they are becoming an easy prey for people smugglers and cross border crossings illegally? On the end we will try to answer the ultimate question, why Germany? Or in other words why they are welcome on the west of EU and not so much welcome on the east of EU, when we say east we don’t mean Hungary solely.
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