The Europeanization of Asylum Policy: A Challenge to Fundamental Rights

This article explores the link between the European asylum policies, the impact of the fight against irregular migration on the criminalization of asylum seekers and the violation of the right of asylum. It examines the securitization process by which the asylum seeker is increasingly considered as...

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Bibliographic Details
Published in:Criminologie (Montréal) 2013-04, Vol.46 (1), p.33-54
Main Author: Atak, Idil
Format: Article
Language:fre
Subjects:
Asylum
Criminalization
Europe
European Union
Europeanization
France
Migrants
Migration
Policy Implementation
Refugees
Rights
United Kingdom
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Summary:This article explores the link between the European asylum policies, the impact of the fight against irregular migration on the criminalization of asylum seekers and the violation of the right of asylum. It examines the securitization process by which the asylum seeker is increasingly considered as an irregular migrant. The article also focuses on the process of Europeanization and offers a critical analysis of the "Dublin system" establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national. It is argued that the Europeanization enables the EU member States to limit the number of asylum seekers. The article examines how national and European courts define limits to the arbitrary treatment of asylum seekers. To this end, a comparative analysis is conducted on the implementation of the "Dublin system" within the European Union and in two member States -- France and the United Kingdom. It is argued that in the absence of a harmonized common European asylum policy and due to different national refugee status determination processes, the implementation of the "Dublin system" represents a huge challenge to the right of asylum. Adapted from the source document.
ISSN:0316-0041
DOI:10.7202/1015292ar