The internal dimension of the common European asylum system : a standard for international protection?

Abstract

The Common European Asylum System has been developing from an ancillary measure to the completion of the internal market into a fully-fledged EU-wide system. The first step has been the minimum harmonisation of the laws of the Member States. The next step will be a common set of laws and maximum harmonisation. This thesis has focused upon the relevant set of laws in the internal dimension, i.e. within EU jurisdiction. The first chapter traces the development of EU asylum policy from its humble beginnings to the future amendments to be enshrined in the Lisbon Treaty and the Charter of Fundamental Rights. The second chapter places the EU's asylum system in the context of international law, especially the 1951 Refugee Convention and the ECHR. Reference is made to the set of rights and benefits which refugees are entitled to. The third chapter deals with how EU asylum law has put the rights of refugees into place in its legal order. It verifies whether there are any discrepancies between the rights accorded as per international law and EU asylum law; as well as the consistency and uniformity of the latter. The final chapter analyses whether the CEAS, as reflected in its internal dimension, can truly stand as a standard for international protection. To this effect one must consider the role of EU courts in enforcing refugee rights, the difficult relation between the EU and international legal system, and the effects EU external policy in the field has on the asylum system.