The EU Asylum, Immigration and Border Control Regimes: Including and Excluding: The “Deserving Migrant”

Abstract

It can be argued the EU Reception Conditions Directive constitutes an improvement on international refugee law in that it creates entitlements to welfare for asylum seekers. However, this development is limited in two important respects. First, the Directive has often either not been fully implemented or has been poorly implemented, resulting in vast differences in practice and inadequate levels of protection across the Union. Second, the effect of the EU's immigration and border control practices is to limit access to EU territory for all migrants, irrespective of their motivations for moving. Migrants' departure points are being pushed further afield and their journeys to the EU are becoming more dangerous. Thus, the EU's highly restrictive immigration and border control policy de facto undermines the protective elements that might otherwise result from the Reception Conditions Directive.

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