The Common European Asylum System in Poland - Tema asyl ...

the asylum seeker had the right to lodge the asylum claim. But if we look at the
concept again, there are not only limitations involved in the concept of
citizenship, but also rights for the individual. This is not actualised as a problem if
the asylum claim is rejected; the legitimacy relation between the asylum seeker
and the EU was then of temporary nature.
However if protection is granted in one of the member states, then it is proved
that the individual cannot return to her country of origin, and therefore the EU in
question is the only state that she can receive rights from and have duties towards.
So far the EU has solely imposed duties on the asylum seeker, and the time comes
for the EU to provide the asylum seeker, now recognised as a refugee legitimately
residing on EU territory, with rights, then the responsibility is entirely handed
over to the Member State where protection was granted. This particular action
when the EU hands over the responsibility of legitimacy to the member state, is
the transition of responsibility. The legitimacy of this transition of responsibility
for providing the rights of the individual asylum seeker will in be determined by
the ability of the new responsible state to fulfil the rights that the refugee has.
The original concept of
The concept of citizenship
citizenship illustrated:
re-interpreted:
transition of responsibility
State EU (state) EU member state
(second state)
Rights
Rights
Geneva Convention
of 1951 (legislation) National
Legislation
legislation
Citizen
Duties
Asylum seeker (citizen)
Duties
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