4 Law and migration István Harkai: BELIEFS AND MISCONCEPTIONS ABOUT THE CONTEMPORARY MIGRATION IN THE LIGHT OF THE LAW ON REFUGEES ABSTRACT: Contemporary migration is not unparalleled in history. Wandering into Europe challenges the host countries. The flux of immigrants encumbers the social and economic boundaries of the European countries and the asylum rules as well. How should we change these rules to grant protection for those who really stand in need? What are the obligations of the destination countries and where do transit countries stand in this relation? If we grant rights for a certain group of people, can we expect something in return? Can we establish obligations to the newcomers, or if they receive refugee status, are they going to be immune to the rules of the host countries? Is it a realistic expectation to integrate the new- comers into the European culture and system, or – as the tendencies show – can we consider them as a serious risk to European security? Are we allowed to stigmatize a group of people due to the behaviour of a few of them? Will different cultures and religions change Europe? The present essay tries to find answers, based on the literature, the legal background and personal experience, where and how we should reform the legal system regarding the law on refugees. How we could create a lawful but also enforceable legal regime on migration? KEYWORDS: migration, Europe, migration law, law on refugees, refugee status, terrorism, human smuggling A BRIEF HISTORY OF IMMIGRATION TO EUROPE An analysis of the historical background is especially important in this matter. “Migrant crisis” and other similar terminologies are unable to correctly describe the real background and reasons of this phenomenon. To be objective is an important assumption not only for scholars but it has to be essential for legislators and even for average citizens. Yet, this es- sential element is a missing part in most of the cases. Fort this very reason we endeavour to present a few historical examples, which in some points, are similar to the recent situation. Migration in the Carpathian Basin and in its close surrounding areas The Carpathian Basin, surrounded with high mountains and crossed by rivers provides a natural and short route for those who would like to reach Western Europe across the Balkans. 1 The problems of our modern days are not without examples as the migrants who wanted to enter Europe used the roads which were the most logical way in the geografical sense. 1 „Határok, hódítók, menekülők”. Archeológia Altum Castrum Online Magazin. http://archeologia.hu/hatarok- hoditok-menekulok, Accessed on 21 February 2016.