Seeking Asylum in the European Union

Selected Protection Issues Raised by the Second Phase of the Common European Asylum System


Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States. With a foreword by Professor Hélène Lambert.
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Biographical Note

Céline Bauloz, Ph.D. (2014), Graduate Institute of International and Development Studies, is Senior Researcher at the Global Migration Centre, Postdoc Researcher for the NCCR – On the Move (Fribourg University) and Managing Editor of the Refugee Survey Quarterly (Oxford University Press). Meltem Ineli-Ciger is a Ph.D. candidate at the University of Bristol Law School. Her doctoral research is on temporary protection. She holds an LLM degree in International Law from University of Bristol and an LLB degree from Dokuz Eylul University. Sarah Singer, Ph.D. (2014), Queen Mary University of London, academic at the Refugee Law Initiative, Lecturer in Human Rights Law at the School of Advanced Study, University of London, and Managing Editor of the International Community Law Review (Brill | Nijhoff). Vladislava Stoyanova, Ph.D. (2015), Lund University; Co-director of the Migration Law Module, Master’s program in Human Rights Law, Lund University; Lecturer in Migration and Human Rights Law; Member of the editorial board of the Refugee Law Initiative Working Paper Series.

Review Quote

"There is much in Seeking Asylum in the European Union for students, practitioners and scholars of migration law to engage with and enjoy." Briddick, C. Border Criminologies (2016)

Table of contents

Foreword Hélène Lambert Acknowledgements; Abbreviations; Notes on Contributors; 1 Introducing the Second Phase of the Common European Asylum System Céline Bauloz, Meltem Ineli-Ciger, Sarah Singer and Vladislava Stoyanova PART 1 Procedural Guarantees and Reception Conditions 2 Fair Enough? The UK’s Reluctance to Find Article 6 ECHR Engaged in Asylum Disputes and the Transformative Potential of EU Law Emma Borland 3 Victims of Human Trafficking: A Legal Analysis of the Guarantees for ‘Vulnerable Persons’ under the Second Phase of the EU Asylum Legislation Vladislava Stoyanova PART 2 Qualification as Persons in Need of Protection 4 Availability of Protection in the Country of Origin: An Analysis under the EU Qualification Directive Julian M. Lehmann 5 The Persecution of Disabled Persons and the Duty of Reasonable Accommodation: An Analysis under International Refugee Law, the EU Recast Qualification Directive and the ECHR Stephanie A. Motz 6 Refugee from Climate Change-Related Harm: Evaluating the Scope of International Protection within the Common European Asylum System Matthew Scott PART 3 Missed Opportunities and Problematic Developments 7 Has the Temporary Protection Directive Become Obsolete? An Examination of the Directive and its Lack of Implementation in view of the Recent Asylum Crisis in the Mediterranean Meltem Ineli-Ciger 8 The Recast Eurodac Regulation: Are Asylum-Seekers Treated as Suspected Criminals? Niovi Vavoula Selected Bibliography; Index.


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