The Evolving Nature of the Vulnerability Concept in European Union Asylum Law

Abstract

Vulnerability has been a cognisable concept in the Common European Asylum System since the first generation of legislative instruments were adopted but has always been surrounded by definitional uncertainties and ambiguity. This is particularly noticeable in the recast CEAS instruments, which significantly expanded the use of the term in asylum procedures. With the proposed changes to CEAS under the European Commission’s New Pact on Migration and Asylum almost being finalised, this article studies the use of the term in the new legislative proposals and asks whether the issues in the use of the concept in the recast CEAS instruments have been adequately addressed. Ultimately, this article is critical of the proposed changes, which it perceives as an attempt to curb migration rather than addressing specific protection needs and vulnerability.