The 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: 21 Apr 2017

See all articles by Vincent Chetail

Vincent Chetail

Graduate Institute of International and Development Studies (HEI)

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

Suggested Citation

Chetail, Vincent, The Common European Asylum System: Bric-à-Brac or System? (February 14, 2015). 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. Available at SSRN: https://ssrn.com/abstract=2564990

Vincent Chetail (Contact Author)

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

PO Box 136
Geneva, CH-1211
Switzerland

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