Legal EU policy towards refugees first received in the Treaty of Amsterdam, 1997. Before its adoption, the States solved the issue of granting the status of refugee, retreating from the Convention's provisions. The common policy of all the member countries of the EU have been restricting the flow of refugees by negotiating with the countries of Eastern Europe, bilateral agreements on the readmission of refugees. The result of this policy was the growth of a buffer zone between Europe and the States, of which was the flow of refugees. This meant that asylum-seekers, it became much more difficult to travel to EU countries for asylum. Moreover, the principle of non-refoulement was violated. An illustration may serve as the courts of Germany, under which refugees were sent to the country of transit or of nationality, where they have been persecuted (Bosniaks in Croatia, the Ethiopians — in Sudan).
All these contradictions led to the 1996-1997, the EU member countries were dissatisfied with the influence of both the Schengen and Dublin Conventions and the third part of the Maastricht Treaty. Criticism was lack of democratic and judicial control, the inefficiency of agreements and decisions, as well as the lack of clarity on the concept of the policy ".
Thus, States have come to recognize the need for a unified legal system for the refugees. Firstly, the understanding of the common European home and the Schengen Convention meant that the transfer of nationals of the Member States, persons living on their territory, and refugees should be coordinated from a central location. Even the United Kingdom, which does not participate in the Schengen acquis, willingly shared information with law enforcement agencies of other countries. Secondly, Germany is especially insisted on the establishment of general policy, hoping that with the introduction of it, in the event of a crisis, like the Yugoslav, will not have to take a disproportionate part of the refugees. And, thirdly, took into account the future enlargement of the EU to include the countries of Eastern Europe, which imposes a special obligation to the establishment of democratic asylum procedures in the EU.
As established by the Treaty of Amsterdam States close cooperation at various levels aimed at creation of a supranational system of asylum and refugee status.
Emerging negative trends was concerned, the Council of Europe, which is based on strict observance of the fundamental rights and freedoms. At the 1999 session of the Parliamentary Assembly has before it the report of the Committee on migration, refugees and demography concerning restrictions in member countries of the Council of Europe and the European Union.