An Assessment of ‘Protection in Regions of Origin’ in Relation to European Asylum Law

Abstract

This article examines the possibility of introducing a system of extraterritoral protection of asylum seekers on the basis of EU asylum law. Three types of measures are examined: protection zones in asylum seekers' regions of origin, extraterritorial processing of asylum applications and return of asylum seekers to their region of origin. It is concluded that each of these three instruments could be implemented in some form on the basis of existing EU law, notably article 63 TEC. However, the legal norms that apply in the regions of origin set only minimal standards with regard to the level of protection that has to be granted, while the responsibility of the EU Member States for protection in regions of origin is also limited. 'Protection in regions of origin' therefore does not seem to present a useful alternative to existing asylum systems.