The purpose of this research is to analyse the impact of the security of the Member States on the current and proposed reform of the Common European Asylum System (CEAS).
Firstly, a whole compilation of issues that have excessively connected the granting of international protection status to security problems (ranging from terrorist attacks to a supposedly higher crime rate to the current structural problem of radicalisation) is established. Besides, these problems seem to affect the Member States with a higher rate of granting international protection status. In addition, we undertake a study on the national security exceptions in the different instruments of the CEAS, particularly in the exclusion clauses, the revoking refugee or subsidiary protection status, detention, expulsion, the prohibition of return and the accelerated procedure.
Secondly, connections between border security and its implications on the right to international protection are evaluated. To this end, the challenges of the Temporary Reintroduction of Controls at Internal and External Borders are assessed. In this regard, the implementation of the European Border and Coast Guard Agency, the reinforcement of Europol's support functions and the Joint EU migration management teams, specialised agencies on border management that are bound to increase the European security.
Thirdly, national security is addressed as a limit to the protection of information and personal data in the field of asylum. To this end, we examine the applicable legal regime on data protection in the current and future Dublin system and Eurodac. In addition, the interoperability between Eurodac and EU information systems and the legal implications concerning the right to data protection are addressed, specifically as regards the right to privacy and data protection of asylum seekers and comparison through the National Access Point to the EURODAC Central System following verification of whether all conditions for access are fulfilled.
Finally, the thesis aims to study the security dimension and its impact on the right to international protection in the Spanish legal framework. This EU country has a low rate of recognition of refugee status and subsidiary protection in accordance with Eurostat and is facing legal issues arising from the Act No. 12/2009 on the right of asylum and subsidiary protection, which not only does not incorporate relevant community standards foreseen in the current CEAS, but there is no Regulation under the above mentioned Act.