New Asylum Countries?

Migration Control and Refugee Protection in an Enlarged European Union


How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues?

This volume is about the transformation of asylum in Europe in the context of the EU enlargement process. This transformation involves norms, as well as the procedures and resources for their implementation. In the candidate countries, as in the west, the process of transformations is marked by the tension between the interests of protection and migration control. Through their comprehensive analysis, the authors illuminate the legal and political dynamics which underlie this tension. Chapters trace the complex patterns of national, sub-regional and EU law and policy that are driving the future of asylum in an expanded Europe. This allows for reflection on what the transformation process tells us about the current EU asylum acquis, and what it tells us about the prospects for refugee protection in the new frontier states and beyond. This book is the result of a three year study carried out by academics and practitioners from the candidate countries, current Member States, and international organizations. It explores the evolution of refugee policy and practice in a changing Europe.

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Biographical Note

Rosemary Byrne, is a lecturer at Trinity College, Dublin, Ireland, and the Director of the International Process and Justice Project, which observes trials at the International Criminal Tribunal for Rwanda. Gregor Noll, works as research director at the Danish Centre for Human Rights, Copenhagen, Denmark, and is the editor-in-chief of the Nordic Journal of International Law. Jens Vested-Hansen, is a professor of human rights law at the University of Aarhus Law School, Denmark.

Review Quotes

' ...a "must" acquisition for any public or private collection containing international legal materials - especially for those purporting to focus on asylum, migration, and refugee issues in a rapidly expanding geographical arena with such a diverse constituency.' Newsletter UN21 Interest Group of the American Society of International Law, 25 (June 2002).

Table of contents

List of Figures and Tables. Abbreviations. Introduction. 1. Western European Asylum Policies for Export: The Transfer of Protection and Deflection Formulas to Central Europe and the Baltics. 2. The Central Link: Germany, Poland and the Czech Republic. 3. The Southern Link: Austria and Hungary. 4. The Northern Link. 5. Protection in a Spirit of Solidarity? 6. Title IV TEC and the Schengen Integration Protocol with Special Regard to Implications on Accession Candidates. 7. Recent Developments in Central Europe and the Baltic States in the Asylum Field: A View from UNHCR and the Strategies of the High Commissioner for Enhancing the Asylum Systems of the Region. 8. Future Perspectives: Accession and Asylum in an Expanded European Union. 9. Transformation of Asylum in Europe. Select Bibliography. List of Contributors. Index.

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