A View from Outside the EU Reception Acquis: Reception Rights for Asylum Seekers in Ireland

Abstract

Ireland, as a state on the periphery of Europe "benefits" geographically from limited protection claims. Despite the small nature of the jurisdiction, it is important to reflect upon and consider the impact of EU law upon Irish domestic law. The chapter has two core aims. First, to consider the degree to which Ireland respects, protects and fulfills (or otherwise) selected reception conditions, including accommodation/shelter, the right to financial allowances, the right to work and withdrawal or reduction of reception conditions for asylum seekers. This will be analysed with respect to the political engagement upon questions on reception for asylum seekers within Ireland that assists in understanding why Ireland does not want to be formally bound by the EU's Reception Conditions Directive 2003 and/or the Recast Reception Conditions Directive 2013. Second, the role of the domestic courts in Ireland as regards challenges to Ireland's reception regime for asylum seekers and attempted reliance on European Union law, will be described and considered.

Keywords: direct provision, Reception Conditions Directive, Recast Reception Conditions Directive, Irish law, Irish policy, asylum seekers, refugees, European Union Law, Human Rights, refugees, High Court, Court of Appeal, Supreme Court, Law and Administration, Socio-economic rights, RIA