The setting of this paper is the attempts within the European Community to harmonize the refugee policies of the Member States, the fact that Sweden has applied for membership of the Community, and, despite this, the non-existence of an official Swedish analysis of the consequences of the cooperation between the Member States in the field of justice and home affairs, more specifically refugee policies. The paper's main aim is therefore to attempt to carry out such an analysis within a scientific framework.
A presentation of applicable parts of the relevant documents is first carried out in order to give the reader the "complete story". With this presentation as basis, the cooperation is analysed from the point of view of the asylum-seeker - will the opportunities of seeking and obtaining asylum be affected by the cooperation? The Member States' motives for the cooperation are also examined. In addition the views of the UNHCR and the Swedish parliamentary parties are sought and found.
The results show that attempts to harmonize refugee policies are carried out, but that the conventions so far created concern cooperation rather than harmonization.
All asylum-seekers are, subject to the principle of first host countries, given a guarantee that their respective applications will be examined by one of the Member States. The possibility for one Member State to voluntarily examine an application is not formally restricted, on the contrary, it is established, but the possibility of granting asylum is dependent on the refugee policies pursued by the other Member States. Asylum is defined as obtaining status as a refugee in accordance with the Geneva Convention. Still, no answer is to be found about how the Geneva Convention should be interpreted.
The prescribed sanctions on carriers can prevent potential asylum-seekers from submitting applications for asylum. There is a risk that persons with well-founded claims for asylum, but without the necessary documents, are denied transportation. These sanctions are also criticised by the UNHCR. As to the cooperation as a whole, the UNHCR commends both the Dublin Convention and the Schengen Convention, and welcomes continued cooperation with the Member States.
The motives for the cooperation and harmonization are said to be, what is stipulated in article 8a of the Treaty of Rome [from 1 November 1993, article 7a] and in the Dublin Convention, the "substantial intensification of migratory pressure" and "the massive increase in the number of unjustified applications for asylum". There is no majority in the Swedish parliament for an accession to the Dublin Convention, but on the other hand no single party states a definite no. Only the Left Party believes that the cooperation between the Member States speaks against Swedish membership of the European Community/European Union.