Chapter 17. Challenges to Forging a Common European Asylum System in Line with International Obligations

Nicholson, Frances

doi:10.1163/ej.9789004153745.i-1027.100

Cited by 4 publications

(1 citation statement)

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“…71 In other words, the EC, in addition to Member States, must be guided by their provisions. 72 Given that Member States must take steps to eliminate any inconsistencies between EC law and international law, including by denouncing incompatible international treaties, 73 the express reference to States' international legal obligations here is significant.…”

Section: A Legal Consequencesmentioning

confidence: 99%

Regionalising International Refugee Law in the European Union: Democratic Revision or Revisionist Democracy?

McAdam¹

2007

VUWLR

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This paper questions whether the process of harmonisation of the European Union’s asylum laws has strengthened the region’s commitment to international law and international standards, or has instead diluted them in order to accommodate regional (and domestic "democratic") concerns about forced migration. Harmonisation has taken place in a political environment that is suspicious of asylum seekers, that seeks restrictive entrance policies and that is wary of large numbers of refugees. This paper argues that such factors have heavily influenced the scope of the common asylum laws – who is eligible for protection – and the rights to which beneficiaries are entitled – what that protection actually is. It looks in particular at the confinement of protection to "third country nationals", a restriction which contravenes the 1951 Refugee Convention and denies international protection to groups within the EU such as the Roma, whose discrimination is welldocumented and has historically led to many being recognised as refugees. Furthermore, the paper considers that the EU citizen’s right to free movement is not synonymous with a right to residence, and is especially complicated for nationals of the 12 new accession States. It argues that harmonisation has occurred at the expense of a comprehensive and systematic analysis of international law, responding instead to "democratic" political compromise and pragmatism.

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Section: A Legal Consequencesmentioning

confidence: 99%

Regionalising International Refugee Law in the European Union: Democratic Revision or Revisionist Democracy?

McAdam¹

2007

VUWLR

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The Road to the Common European Asylum System: From Amsterdam to Lisbon and Beyond

Velluti

2013

SpringerBriefs in Law

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European Influence on Asylum Procedures in Latin America: Accelerated Procedures in Colombia, Ecuador, Panama and Venezuela

Cantor

2012

SSRN Journal

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Chapter 17. Challenges to Forging a Common European Asylum System in Line with International Obligations

Cited by 4 publications

References 0 publications

Regionalising International Refugee Law in the European Union: Democratic Revision or Revisionist Democracy?

Regionalising International Refugee Law in the European Union: Democratic Revision or Revisionist Democracy?

The Road to the Common European Asylum System: From Amsterdam to Lisbon and Beyond

European Influence on Asylum Procedures in Latin America: Accelerated Procedures in Colombia, Ecuador, Panama and Venezuela

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