Reforming the Common European Asylum System

The New European Refugee Law


This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union.

This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.

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Vincent Chetail, Ph.D. (2003), University Paris II Panthéon-Assas, is Professor of International Law at the Graduate Institute of International and Development Studies (Geneva), Director of the Global Migration Centre and Editor-in-Chief of Refugee Survey Quarterly (Oxford University Press).

Philippe De Bruycker, Ph.D. (1995), Université Libre de Bruxelles, is Jean Monnet Chair, Professor at the Migration Policy Centre (European University Institute, Italy) and at the Institute for European Studies (Université libre de Bruxelles) and Coordinator of the « Odysseus » Academic Network for Legal Studies on Immigration and Asylum in Europe.

Francesco Maiani, Ph.D. (2006), Universities of Lausanne and Milano Statale, is Professor of Public and European Law at the University of Lausanne, Member of the European Commission for democracy through law of the Council of Europe (Venice Commission) and Visiting Scholar at the European University Institute (Italy).
"To understand the complicated and dynamic developments within this policy area, the presented volume is a must-read for all those who want to understand the history, tensions and potential for future changes within the CEAS."
- Lukasz Dziedzic, Tilburg University

"...[T]he editors of the volume have managed to assemble a great variety of topics and authors in order to deal with the most pressing issues in a balanced and compelling way...they provide well-researched insights that contribute to an informed debate and are a valuable resource for academics and practitioners, also encouraging further research."
- European Yearbook of Human Rights, Volume 17

“Although this book is not the first to discuss the CEAS, the continuing flow of asylum seekers to Europe, and the inability, at times, to protect their rights, clearly show that there is a need for more dialogue between all the relevant stakeholders. That dialogue will be enriched by the critiques presented [in the book] of the shortcomings of the framework – particularly the evidence-based ones – which must be taken on board and applied.”
- Julia Muraszkiewicz Research Analyst, Trilateral Research Ltd, in: International Journal of Refugee Law
Part I Introduction
Chapter 1 The Common European Asylum System: Bric-à-brac or System? Vincent Chetail;
Chapter 2 The Complex Relationship of Asylum and Border Controls in the European Union Elspeth Guild;
Chapter 3 Negotiating the Second Generation of the Common European Asylum System Instruments: A Chronicle Patricia Van De Peer;
Part II The Dublin Regulation
Chapter 4 The Dublin III Regulation: A New Legal Framework for a More Humane System? Francesco Maiani;
Chapter 5 Family Unity and Family Reunification in the Dublin System:
Still Utopia or Already Reality? Ulrike Brandl;
Chapter 6 The Dublin System, Solidarity and Individual Rights Madeline Garlick;
Part III The Qualification Directive
Chapter 7 Piecemeal Engineering: The Recast of the Rules on Qualification for International Protection Hemme Battjes;
Chapter 8 Refugee Status and Subsidiary Protection:
Towards a Uniform Content of International Protection? Céline Bauloz & Géraldine Ruiz;
Part IV The Reception Conditions Directive
Chapter 9 The European Union Reception Conditions: A Dignified Standard of Living for Asylum Seekers? Evangelia (Lilian) Tsourdi;
Chapter 10 Reception Conditions as Human Rights:
Pan-European Standard or Systemic Deficiencies? Jens Vedsted-Hansen;
Chapter 11 Vulnerable Persons as a New Sub-Group of Asylum Seekers? Lyra Jakuleviciene;
Part V The Asylum Procedures Directive
Chapter 12 The Recast Asylum Procedures Directive 2013/32/EU:
Caught between the Stereotypes of the Abusive Asylum-Seeker and the Vulnerable Refugee Cathryn Costello & Emily Hancox;
Chapter 13 Legal Aid for Applicants for International ProtectionBarbara Mikołajczyk;
Part VI Conclusion
Chapter 14 Building the Common European Asylum System beyond Legislative Harmonisation: Practical Cooperation, Solidarity and External Dimension Philippe De Bruycker & Evangelia (Lilian) Tsourdi;
All interested in the asylum law and policy of the European Union, including scholars, students, researchers, practitioners and policy-makers.
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