i. European Integration and Asylum

  Main Debates Is the EU Involvement in Asylum Law Raising or Lowering Standards in Practice?Which of these Approaches Should the EU Take?What Is the Relationship of the 1951 Geneva Convention with EU Asylum Law?What Is the Relationship between the 1951 Geneva Convention and Member States’ National Law Enacted Pursuant to the European Community Instruments?What Are the Possible Implications of the EU’s Decision to Work towards Full Establishment of a Common European Asylum System by 2010?   Main Points Historical Development of EU Law on Asylum Objectives of Giving EU Competence over Asylum Matters   EU Documents Commission paper: Green Paper on the Future Common European Asylum, COM (2007) 301 final. 6 June 2007.Council of the European Union, ‘The Hague Programme: Strengthening Freedom, Security and Justice in the European Union’, OJ C 53, 3 March 2005.‘Communication from the Commission to the Council and the European Parliament: Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations’, COM (2004) 401, 2 June 2004.Commission Staff Working Paper, Annex to the Communication from the Commission: Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations, SEC (2004) 693, 2 June 2004.Commission Staff Working Paper, The Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations – List of the Most Important Instruments Adopted, SEC (2004) 680, 2 June 2004.Council and Commission Action Plan implementing the Hague Programme on strengthening freedom, security and justice in the European Union OJ C198 (12 August 2005).   UNHCR Documents 'The European Union, Asylum and the International Refugee Protection Regime: the New Multiannual Programme in the Area of Freedom, Security and Justice’, Summary of UNHCR’s Recommendations to the Multiannual Programme, September 2004.Readings Core E. Guild, ‘The Europeanisation of Europe’s Asylum policy’, International Journal of Refugee Law, vol. 18, nos. 3-4 (September/December 2006), pp. 630–651.S. S. Juss, ‘The Decline and Decay of European Refugee Policy’, Oxford Journal of Legal Studies, vol. 25, no. 4 (Winter 2005), pp. 749–792.Immigration Law Practitioners Association, ‘ILPA Response to the Hague Programme: EU Immigration and Asylum Law and Policy’, January 2005. Immigration Law Practitioners Association, The Standing Committee of Experts on International Immigration, Refugee and Criminal Law, ‘An Area of Freedom, Security and Justice Five Years On Immigration and Asylum for the Next Five Years’, Joint Submissions to the European Commission, June 2005. Extended S. Craig, ‘The European Commission’s proposals for directives to establish a common European asylum system: the challenges of accession and the dangers of negative integration’, European Law Review, vol. 27, no. 4 (2002), pp. 497–502.ECRE (ECRE, ENAR, MPG), ‘Guarding Standards – Shaping the Agenda: Analysis of the Treaty of Amsterdam and Present EU Policy on Migration Asylum and Anti-Discrimination’, April 1999.UNHCR, ‘An Overview of Protection Issues in Western Europe: Legislative Trends and Positions Taken by UNHCR’, European Series vol. 1, no. 3 (Geneva: UNHCR, 1995).UNHCR, ‘Towards a Common European Asylum Policy’, in C. D. Urbano de Sousa and P. De Bruycker, The Emergence of a  European Asylum Policy (Brussels: Bruylant, 2004), pp. 227–295.

About the Reader

Section I Introduction to International Refugee Law: Background and Context


Section II International Framework for Refugee Protection


Section III European Framework for Refugee Protection


Section IV UNHCR and Other Actors Relevant to International Asylum Law




i. European Integration and Asylum

 

Main Debates

Is the EU Involvement in Asylum Law Raising or Lowering Standards in Practice?
Which of these Approaches Should the EU Take?
What Is the Relationship of the 1951 Geneva Convention with EU Asylum Law?
What Is the Relationship between the 1951 Geneva Convention and Member States’ National Law Enacted Pursuant to the European Community Instruments?
What Are the Possible Implications of the EU’s Decision to Work towards Full Establishment of a Common European Asylum System by 2010?

 

Main Points

Historical Development of EU Law on Asylum

Objectives of Giving EU Competence over Asylum Matters

 

EU Documents

Commission paper: Green Paper on the Future Common European Asylum, COM (2007) 301 final. 6 June 2007.

Council of the European Union, ‘The Hague Programme: Strengthening Freedom, Security and Justice in the European Union’, OJ C 53, 3 March 2005.

‘Communication from the Commission to the Council and the European Parliament: Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations’, COM (2004) 401, 2 June 2004.

Commission Staff Working Paper, Annex to the Communication from the Commission: Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations, SEC (2004) 693, 2 June 2004.

Commission Staff Working Paper, The Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations – List of the Most Important Instruments Adopted, SEC (2004) 680, 2 June 2004.

Council and Commission Action Plan implementing the Hague Programme on strengthening freedom, security and justice in the European Union OJ C198 (12 August 2005).

 

UNHCR Documents

'The European Union, Asylum and the International Refugee Protection Regime: the New Multiannual Programme in the Area of Freedom, Security and Justice’, Summary of UNHCR’s Recommendations to the Multiannual Programme, September 2004.

Readings
Core

E. Guild, ‘The Europeanisation of Europe’s Asylum policy’, International Journal of Refugee Law, vol. 18, nos. 3-4 (September/December 2006), pp. 630–651.

S. S. Juss, ‘The Decline and Decay of European Refugee Policy’, Oxford Journal of Legal Studies, vol. 25, no. 4 (Winter 2005), pp. 749–792.

Immigration Law Practitioners Association, ‘ILPA Response to the Hague Programme: EU Immigration and Asylum Law and Policy’, January 2005.

Immigration Law Practitioners Association, The Standing Committee of Experts on International Immigration, Refugee and Criminal Law, ‘An Area of Freedom, Security and Justice Five Years On Immigration and Asylum for the Next Five Years’, Joint Submissions to the European Commission, June 2005.

Extended

S. Craig, ‘The European Commission’s proposals for directives to establish a common European asylum system: the challenges of accession and the dangers of negative integration’, European Law Review, vol. 27, no. 4 (2002), pp. 497–502.

ECRE (ECRE, ENAR, MPG), ‘Guarding Standards – Shaping the Agenda: Analysis of the Treaty of Amsterdam and Present EU Policy on Migration Asylum and Anti-Discrimination’, April 1999.

UNHCR, ‘An Overview of Protection Issues in Western Europe: Legislative Trends and Positions Taken by UNHCR’, European Series vol. 1, no. 3 (Geneva: UNHCR, 1995).

UNHCR, ‘Towards a Common European Asylum Policy’, in C. D. Urbano de Sousa and P. De Bruycker, The Emergence of a  European Asylum Policy (Brussels: Bruylant, 2004), pp. 227–295.



EU Documents

Green Paper on the Future Common European Asylum

Commission paper: Green Paper on the Future Common European Asylum, COM (2007) 301 final. 6 June 2007.

The Hague Programme: Strengthening Freedom, Security and Justice in the European Union

Council of the European Union, ‘The Hague Programme: Strengthening Freedom, Security and Justice in the European Union’, OJ C 53, 3 February 2005.

Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations

‘Communication from the Commission to the Council and the European Parliament: Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations’, COM (2004) 401, 2 June 2004.

Annex to the Communication from the Commission: Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations

Commission Staff Working Paper, Annex to the Communication from the Commission: Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations, SEC (2004) 693, 2 June 2004.

The Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations - List of the Most Important Instruments Adopted

Commission Staff Working Paper, The Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations - List of the Most Important Instruments Adopted, SEC (2004) 680, 2 June 2004.

Council and Commission Action Plan implementing the Hague Programme on strengthening freedom, security and justice in the European Union

Council and Commission Action Plan implementing the Hague Programme on strengthening freedom, security and justice in the European Union OJ C198/01 (12 August 2005).

UNHCR Documents

The European Union, Asylum and the International Refugee Protection Regime: the New Multiannual Programme in the Area of Freedom, Security and Justice

'The European Union, Asylum and the International Refugee Protection Regime: the New Multiannual Programme in the Area of Freedom, Security and Justice’, Summary of UNHCR’s Recommendations to the Multiannual Programme, September 2004.

Readings

Core

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The Europeanisation of Europe’s Asylum policy

E. Guild, ‘The Europeanisation of Europe’s Asylum policy’, International Journal of Refugee Law, vol. 18, nos. 3-4 (September/December 2006), pp. 630–651.
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The Decline and Decay of European Refugee Policy

S. S. Juss, ‘The Decline and Decay of European Refugee Policy’, Oxford Journal of Legal Studies, vol. 25, no. 4 (Winter 2005), pp. 749–792.

ILPA Response to the Hague Programme: EU Immigration and Asylum Law and Policy

Immigration Law Practitioners Association, ‘ILPA Response to the Hague Programme: EU Immigration and Asylum Law and Policy’, London, January 2005.

An Area of Freedom, Security and Justice Five Years On Immigration and Asylum for the Next Five Years’

Immigration Law Practitioners Association, The Standing Committee of Experts on International Immigration, Refugee and Criminal Law, ‘An Area of Freedom, Security and Justice Five Years On Immigration and Asylum for the Next Five Years’, Joint Submissions to the European Commission, Utrecht and London, 3 June 2005.

Extended

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The European Commission

S. Craig, ‘The European Commission’s proposals for directives to establish a common European asylum system: the challenges of accession and the dangers of negative integration’, European Law Review, vol. 27, no. 4 (2002), pp. 497–502.

Guarding Standards - Shaping the Agenda

ECRE (ECRE, ENAR, MPG), 'Guarding Standards - Shaping the Agenda: Analysis of the Treaty of Amsterdam and Present EU Policy on Migration Asylum and Anti-Discrimination', April 1999.

An Overview of Protection Issues in Western Europe: Legislative Trends and Positions Taken by UNHCR

UNHCR, An Overview of Protection Issues in Western Europe: Legislative Trends and Positions Taken by UNHCR, Vol. 1 No. 3 European Series (Geneva: UNHCR, 1995).

Towards a Common European Asylum

UNHCR, ‘Towards a Common European Asylum Policy’ in C. Dias Urbano de Sousa and P. De Bruycker, The Emergence of a European Asylum Policy, (Brussels: Bruylant, 2004), 227-295.