Implementing and Rethinking the European Union's Asylum Legislation: The Asylum Procedures Directive

Abstract

Abstract The Asylum Procedures Directive, which was put in place in the context of the Common European Asylum System, is expected to both harmonise the asylum procedures in the European Union and to safeguard applicants’ rights. This article explores various steps in the implementation of the directive, starting with transnational negotiations which aim to influence domestic asylum policies. Focusing on asylum systems in Germany and Sweden, the article shows that the way decision makers implement the directive is shaped by diverging domestic asylum policies. The risk of failing common standards, however, is not only a matter of implementation, but inherent in the directive's design. Furthermore, harmonisation does not necessarily improve compliance with the principles of international refugee law. Safeguarding protection seekers’ rights requires rethinking both asylum legislation and the role of the actors who intervene in its implementation.

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