The Europeanisation of Europe's Asylum Policy

Abstract

This paper examines how the refugee protection obligations of European countries have been affected by increasing integration and enlargement of the European Union. The creation of an EU area without internal border controls for the movement of persons has had a profound effect on the way in which countries in the European area interpret their protection obligations. On the one hand, there has been an attempt by EU Member States to justify an interpretation of protection obligations which permits a pooling of responsibility for asylum seekers and refugees among a number of states (often to the detriment of their neighbours), on the other, there has been an increasing judicialisation of protection duties at the supra-national level through the European Court of Human Rights which has pushed in the direction of a ‘collectivisation’ of responsibility. An important tension is evolving regarding the extent of protection obligations which is being played out on the body of the refugee: when is she within the jurisdiction and when is she not?

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