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The ruling of the European Union’s top court giving member-states the right to grant or deny (refuse to give (something requested or desired) to (someone)) asylum (the protection granted by a state to someone who has left their home country as a political refugee) has come as welcome news for populist hardliners hostile ( showing or feeling opposition or dislike; unfriendly) to the surge (move suddenly and powerfully forward or upward) of refugees desperate to escape the humanitarian catastrophe (an event causing great and usually sudden damage or suffering; a disaster) in West Asia.
In a defining verdict (an opinion or judgement) this week on the immigration crisis, of a magnitude not seen since World War II, the final judgment of the European Court of Justice of the 28-nation bloc overturned the opinion of its prosecutor, which is rather unusual for the institution. Its prosecutor had said in February that governments should issue humanitarian visas to people at risk of torture and degrading treatment, consistent with their obligations under the European charter on human rights.
In overruling that stance (a person’s posture), the common judicial arbiter (judge; authority) for the bloc held that member-states were not obliged (make (someone) legally or morally bound to do something) to issue visas to people from third countries who had no prior links in Europe. Under the Common European Asylum System, as with similar international mechanisms, countries are expected to process asylum requests humanely once refugees arrive.
A not inconceivable (unbelievable) consequence of the verdict (an opinion or judgement) is that the mass of migrants who embarked upon those dangerous journeys on the high seas may find no realistic alternative in their attempt to flee conflict zones than continue to undertake those risky ventures. Tuesday’s development is also a shot in the arm for eurosceptic (a person who is opposed to increasing the powers of the European Union) political parties that have remained steadfast (loyal; faithful) in their opposition to the jurisdiction of the Luxembourg court over national government.
Mainstream liberal political forces across the bloc face the biggest challenge in decades to their conception (the forming or devising of a plan or idea) of an open and humane society. This is their moment to stand up for the so-called European values the continent’s leaders have emphasised since Donald Trump’s ascent (an instance of rising or moving up through the air) to the White House. A perception that western nations are turning their back on the rest of the world is the last thing mature democracies can afford at a juncture (a particular point in events or time) when the rules-based global order is under increasing attack. Action on the commitment given at the UN last year to put in place legal pathways for migrants and refugees would mark a beginning.This controversial case, concerning a Syrian family from Aleppo seeking asylum in Belgium, also brought into sharp focus the politically divisive and hateful campaign (work in an organized and active way towards a goal) witnessed since the beginning of the migration crisis.
While their plea (a request made in an urgent and emotional manner) was upheld by domestic courts on humanitarian grounds, the strength of right-wing opposition led to a senior legislator being fined for defying (openly resist or refuse to obey) the order, culminating (reach a climax or point of highest development) in the challenge in the European Court of Justice. Given the appeal of anti-immigration political parties in three of the founder-member states of the EU that go to general elections this year, the Netherlands, France and Germany, the setback for a more orderly and legal immigration system could not be greater.
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