Regional Regimes: Europe

Forthcoming, Oxford Handbook for International Refugee Law, Cathryn Costello, Michelle Foster and Jane McAdam, eds.

15 Pages Posted: 18 Sep 2020

See all articles by Lilian Tsourdi

Lilian Tsourdi

Maastricht University - Faculty of Law

Date Written: August 5, 2020

Abstract

The EU and its Member States have developed a sophisticated regional asylum framework, encompassing legislative, responsibility-allocation, and practical cooperation components. Lack of fair responsibility sharing, an implementation gap, and an externalisation impetus riddle EU’s asylum policy. The EU is constantly torn between the opposing imperatives of protection and deflection. The Council of Europe impacts refugee protection most notably through the European Convention on Human Rights which contains asylum-relevant rights. Tensions between protection and deference to states’ migration management imperatives are, however, a constant in the case-law of the European Court of Human Rights. The EU has sought to deflect its protection obligations to Turkey. Those protected under Turkey’s temporary protection status face barriers in accessing the rights formally attached to it, while there is no graduation to more durable protection even as protection needs persist. Ukraine, with its nascent asylum system, remains a potential future externalisation partner for the EU.

Keywords: migration; asylum; refugee protection; agencification; EASO; accountability; Common European Asylum System; EU law; fundamental rights

Suggested Citation

Tsourdi, Lilian, Regional Regimes: Europe (August 5, 2020). Forthcoming, Oxford Handbook for International Refugee Law, Cathryn Costello, Michelle Foster and Jane McAdam, eds., Available at SSRN: https://ssrn.com/abstract=3667563 or http://dx.doi.org/10.2139/ssrn.3667563

Lilian Tsourdi (Contact Author)

Maastricht University - Faculty of Law ( email )

P.O. Box 616
Maastricht, 6200
Netherlands

HOME PAGE: http://https://www.maastrichtuniversity.nl/p70065508

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
109
Abstract Views
780
Rank
394,858
PlumX Metrics