European Asylum Law Research Articles

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

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.

All the King's Horses…: Probabilities and Possibilities for the Implementation of the New Title IV EC Treaty

AbstractAfter the entry into force of the Amsterdam Treaty, the EC Treaty will in Title IV provide the base for the development within a small number of years of EC immigration and asylum law. This is a unique opportunity to model common rules in this field according to two basic principles underlying EC law: respect for the individual and the rule of law.However, EC Member States already adopted a large number of legal instruments relating to immigration and asylum. In this article it is investigated whether the existing acquis is suited to implement the new Title IV EC. Therefore, the acquis will be dealt with in two ways. First, a description will be given of the different ‘sources’ of European immigration and asylum law: the Amsterdam Treaty itself, the pre-Maastricht and Third Pillar acquis, the Schengen acquis and a number of proposals of the European Commission. Then the same legal instruments will be regrouped according to subject and an attempt will be made to sketch the features of existing European law with regard to abolition of internal border control, common external border control, asylum, admission and residence. Here, it will appear what the ambiguity of the past — the desire to control the number of persons coming to Europe through cooperation with other EC Member States but without restriction to sovereign powers — has brought about, or has failed to bring about. Respect for the individual and for the rule of law is no basic principle underlying the existing acquis.This article was concluded in November 1998.