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Accepted Paper:
Paper short abstract:
not used
Paper long abstract:
It is commonly concluded in the refugee literature that European cooperation in general, and moves towards a common European asylum and refugee policy in particular, are having a negative impact on protection regimes in Europe, making it more difficult for forced migrants to reach Europe and to benefit from asylum. This paper challenges the 'Fortress Europe' thesis on both theoretical and empirical grounds. At the theoretical level, it is argued that the establishment of common EU asylum rules has ended the 'race to the bottom' in protection standards. At the empirical level, the paper argues that while there is ground for criticism of certain EU provisions, these generally reflect shortcomings in international refugee law rather than a breach of global standards on the part of the EU. At the same time, other aspects of EU law have led to the upgrading of domestic refugee provisions in the Member States and can be regarded as setting standards that are higher than established international norms. Finally, an analysis of aggregate UNHCR data for the period 1985 to 2007 suggests that in terms of the overall number of asylum seekers and refugees accepted in the EU, the broader picture that emerges over the past two decades is one of long-term continuity, a picture that further undermines the 'Fortress Europe' thesis. Overall it will be demonstrated that despite its shortcomings, European cooperation on asylum and refugee policy has strengthened, not undermined, refugee protection in Europe.
The role and impact of national and regional asylum and immigration policies and controls
Session 1