Current Challenges Regarding the International Refugee Law, with Focus on EU Policies and EU Co-Operation with UNHCR

Centre for European Policy Studies Liberty and Security in Europe Paper No. 59

34 Pages Posted: 23 Sep 2013

See all articles by Elspeth Guild

Elspeth Guild

Radboud University Nijmegen - Faculty of Law; Kingsley Napley - Department of Immigration; The British Institute of International and Comparative Law; London School of Economics & Political Science (LSE)

Violeta Moreno-Lax

Queen Mary Law School

Date Written: September 9, 2013

Abstract

From an examination of the instruments of the Common European Asylum System (CEAS) and related policy measures regarding border surveillance and migration management, two interrelated issues stand out as particularly sensitive: Access to asylum and responsibility for refugee protection. The prevailing view, supported by UNHCR and others, is that responsibility for the care of asylum seekers and the determination of their claims falls on the state within whose jurisdiction the claim is made. However, the possibility to shift that responsibility to another state through inter-state cooperation or unilateral mechanisms undertaken territorially as well as abroad has been a matter of great interest to EU Member States and institutions. Initiatives adopted so far challenge the prevailing view and have the potential to undermine compliance with international refugee and human rights law.

This note reviews EU action in the field by reference to the relevant legal standards and best practices developed by UNHCR, focusing on the specific problems of climate refugees and access to international protection, evaluating the inconsistencies between the internal and external dimension of asylum policy. Some recommendations for the European Parliament are formulated at the end, including on action in relation to readmission agreements, Frontex engagement rules in maritime operations, Regional Protection Programmes, and resettlement.

Keywords: border surveillance, migration management, Frontex, refugee law, asylum, refugee protection

Suggested Citation

Guild, Elspeth and Moreno-Lax, Violeta, Current Challenges Regarding the International Refugee Law, with Focus on EU Policies and EU Co-Operation with UNHCR (September 9, 2013). Centre for European Policy Studies Liberty and Security in Europe Paper No. 59. Available at SSRN: https://ssrn.com/abstract=2329937

Elspeth Guild (Contact Author)

Radboud University Nijmegen - Faculty of Law ( email )

Postbus 9049
6500 KK Nijmegen
Netherlands
024-3611357 (Phone)
024-3611423 (Fax)

Kingsley Napley - Department of Immigration ( email )

Knight's Quarter
14 St. John's Lane
London EC1M 4AJ
United Kingdom
+44 (0)20 7814 1200 (Phone)
+44 (0)20 7490 2288 (Fax)

HOME PAGE: http://www.kingsleynapley.co.uk/our-people/the-partners/elspeth-guild.htm

The British Institute of International and Comparative Law ( email )

Charles Clore House
17 Russell Square
London WC1B 5JP
United Kingdom

London School of Economics & Political Science (LSE)

Houghton Street
London, WC2A 2AE
United Kingdom

Violeta Moreno-Lax

Queen Mary Law School ( email )

Mile End Rd
Mile End Road
London, London E1 4NS
United Kingdom

HOME PAGE: http://www.law.qmul.ac.uk/staff/morenolax.html

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