Abstract and Keywords
This chapter provides an account of the state of EU asylum and immigration law under the Area of Freedom Security and Justice (AFSJ). In the case of asylum, it is argued that the Common European Asylum System (CEAS) legislation suffers from incomplete or mal-implementation, resulting in vast differences in practice between the Member States in the level of protection afforded to asylum seekers, and diverse rates of recognition of refugees across the Union. With regard to immigration law, it is argued that while Member States have in general been eager to adopt legislative and operational measures in the interests of curbing irregular migration, they have shown markedly less enthusiasm for harmonization of rules on regular migration into the Union. Finally, the chapter examines the relationship between the two fields, in particular the implications of the EU’s immigration and border control regime on asylum.
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