Is Switzerland an EU Member State? Asylum Law Harmonization through the Backdoor

THE GLOBAL REACH OF EUROPEAN REFUGEE LAW, M. Fullerton, H. Lambert, J. McAdam eds., Cambridge University Press, 2014, 156-177

13 Pages Posted: 16 Nov 2012 Last revised: 6 Dec 2013

See all articles by Vincent Chetail

Vincent Chetail

Graduate Institute of International and Development Studies (HEI)

Céline Bauloz

Global Migration Centre, Graduate Institute of International and Development Studies

Date Written: November 14, 2012

Abstract

The EU has undeniably set the rules of the asylum game in Europe so that the Swiss free rider position has become increasingly untenable. Both its inner geographical location and its fear of secondary movements of asylum-seekers prompted a first step towards the Common European Asylum System: the Dublin Association Agreement. What the Swiss Confederation perhaps did not contemplate is that this first step has set the pace for further EU integration. This dynamic of harmonization is notably illustrated by the influence of the Qualification Directive over the Swiss asylum jurisprudence. Such a process of convergence inevitably begs the question whether Switzerland is not becoming an EU Member State for the purpose of asylum.

Keywords: Switzerland, European Union, Dublin regulation, asylum law, refugee law, Schengen, common European asylum system, bilateral agreement, refugee definition, qualification directive

Suggested Citation

Chetail, Vincent and Bauloz, Céline, Is Switzerland an EU Member State? Asylum Law Harmonization through the Backdoor (November 14, 2012). THE GLOBAL REACH OF EUROPEAN REFUGEE LAW, M. Fullerton, H. Lambert, J. McAdam eds., Cambridge University Press, 2014, 156-177. Available at SSRN: https://ssrn.com/abstract=2175532

Vincent Chetail (Contact Author)

Graduate Institute of International and Development Studies (HEI) ( email )

PO Box 136
Geneva, CH-1211
Switzerland

Céline Bauloz

Global Migration Centre, Graduate Institute of International and Development Studies ( email )

Rue de Lausanne 132
P.O. Box 136
Geneva, 1211
Switzerland

HOME PAGE: http://graduateinstitute.ch/home/research/centresandprogrammes/global-migration/Whoweare/celinebaulo

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