Main Debates

  • Has the first phase of harmonisation of EC asylum law brought about consistency of decision-making and harmonisation in practice? If not, what further steps are required to achieve these aims?
  • What do the extensive exceptions and qualifications to protection criteria and procedural safeguards in EU instruments mean for access to a fair and effective refugee status determination process?

Cases

See cases under Sections VI.2.4.3, VI.2.4.4, VI.2.4.5 and VI.2.4.6 and their respective sub-sections.

Readings

Core

  1. K. Zwaan (ed.), ‘The Procedures Directive: Central Themes, Problem Issues, and Implementation in Selected Member States’ (Nijmegen: Wolf Legal Publishers, 2008).
  2. R. Errera, ‘Cessation and Assessment of New Circumstances: a Comment on Abdulla’, CJEU, 2 March 2010, International Journal of Refugee Law, vol. 23, no. 3 (2011), pp. 521-537.
  3. E. Guild and M. Garlick, ‘Refugee Protection, Counter-Terrorism and Exclusion in the European Union’, Refugee Survey Quarterly, vol. 29, no. 4 (2010), pp. 63–82.

Extended

  1. H. Battjes, European Asylum Law and International Law, (Leiden/Boston: Martinus Nijhoff publishers, 2006) pp. 289–384.
  2. S. Peers, ‘Legislative Update 2011, EU Immigration and Asylum Law: The Recast Qualification Directive’, European Journal of Migration and Law, vol. 14, no. 2 (2012), pp. 199-221.