Download This PaperThe Common European Asylum System: Bric-à-Brac or System?
Reforming the Common European Asylum System: The New European Refugee Law, V. Chetail, P. De Bruycker & F. Maiani, eds, Martinus Nijhoff, 2016, pp. 3-38
Criminal Justice, Borders and Citizenship Research Paper No. 2564990
36 Pages Posted: 16 Feb 2015 Last revised: 24 Feb 2016
Date Written: February 14, 2015
Abstract
This chapter assesses the complex evolution of the Common European Asylum System as well as its progresses and limits for establishing a truly common system of refugee protection. The first part retraces the origin and evolution of the Common European Asylum System since the Single European Act of 1986, while the second part assesses the recent recast process of the Common European Asylum System from the perspective of international law. The chapter concludes that the Common European Asylum System is halfway between a bric-à-brac and a true system. The key challenge will be to transform the existing collection of eclectic instruments into a comprehensive and coherent regime of refugee protection. This represents in turn a key opportunity for the EU Court of Justice to develop a systemic approach to the asylum acquis.
Keywords: Common European Asylum System, European Union, Refugee Law, Refugees, Asylum, Refoulement, Dublin Regulation, Asylum Procedure, Qualification Directive, Schengen, UNHCR, Asylum Acquis, Asylum-seeker, subsidiary protection, Recast Directive, Lisbon Treaty
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