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Main Debates

  • What are the objectives of EU involvement in asylum law?
  • Does it aim at human rights protection, application of asylum in the context of the EU internal market, or establishment of fortress Europe?
  • Is the EU involvement in asylum law raising or lowering standards in practice?
  • What is the relationship of the 1951 Geneva Convention with EU asylum law?
  • What is the relationship between the 1951 Geneva Convention and Member States’ national law enacted pursuant to the European Community instruments?
  • What have been the main results of the legislative process and other forms of common policy-making since 1999?
  • To what extent is the CEAS truly ’common’?
  • What potential has the jurisprudence of the Court of Justice of the European Union in asylum cases to influence the development of refugee protection standards, not only in the EU, but also at global level?

Main Points

  • Historical development of EU law on asylum
  • Evolving EU competences over asylum matters
  • Human rights and the EU
  • Institutional actors and their powers and roles
  • Evolving roles of the different EU institutions in EU asylum law- and policy-making

Readings

Core

  1. E. Guild, ‘The Europeanisation of Europe’s Asylum policy’, International Journal of Refugee Law, vol. 18 (2006), pp. 630–651.
  2. S. S. Juss, ‘The Decline and Decay of European Refugee Policy’, Oxford Journal of Legal Studies, vol. 25 (2005), pp. 749–792.