Accueil > Evolutions and adaptations of EU asylum and migration policies

ASPO 1245A - EVOLUTIONS AND ADAPTATIONS OF EU ASYLUM AND MIGRATION POLICIES

Type d'enseignement : Seminar

Semester : Autumn 2017-2018

Number of hours : 24

Language of tuition : English

Pre-requisite

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Course Description

Since 1999 and the entry into force of the Amsterdam Treaty, the European Union (EU) has the competence to intervene in the field of migratory policies (i.e. visa, asylum and migration policies) and it has adopted an impressive amount of legislation. Notwithstanding this somehow “positive” assessment, the road undertaken by EU institutions over the last 17 years hasn't been easy. Indeed, EU institutions have faced institutional as well as political obstacles. From an institutional perspective, the “communautarisation” of asylum and migration policies was accompanied with a series of derogations which aim was to safeguard Member States stranglehold: unanimity, limitation on Court's jurisdiction, joint initiative, etc. It took several years, until the entry into force of the Lisbon Treaty in 2009 to embed the migration domain into a normal institutional setting. From a political angle, the field is dominated by an agenda which has led to the development of an imbalanced policy whereby issues related to border management and irregular migration have been strongly supported. On the contrary, legal migration issues, i.e. admission of third country nationals, is still considered as an issue remaining into the remit of Member States. Alongside, the asylum policy stands in the middle and has undergone quite a significant development. Whether successful or not, the EU asylum and migration policy has been under strong focus since 2015 with the emergence of the so-called “refugee crisis”. Indeed, the significant arrival of refugees and asylum seekers in the EU has revealed some weaknesses of the common rules and policies. Hence, Member States and EU institutions took steps to adapt EU's policy as well as the Schengen area to the situation. The lecture aims at covering the developments, evolutions and ongoing adaptation of EU's common policy in the field of asylum and immigration.

Teachers

  • CHAVRIER, Matthieu (legal adviser in the Council Legal Service (Council of the European Union))
  • PASCOUAU, Yves (Director of migration and mobility policies and Head of Programme "Migration and Diversity", European Policy Center, Brussels))

Course validation

Students are assessed based on an unseen final examination at the end of term and a quiz during the term. Attendance is mandatory. Adequate preparation, regular reading and active participation in class are expected. Details are provided in the first session.

Required reading

  • BOELES P., DEN HEIJER M., LODDER G. and WOUTERS K., European Migration Law, Intersentia, Cambridge - Antwerp, 2014
  • PEERS Steve, EU Justice and Home Affairs Law: Volume I: EU Immigration and Asylum Law, Oxford European Union Law Library, Fourth Edition, March 2016
  • HAILBRONNER Kay and THYM Daniel, EU Immigration and Asylum Law: A Commentary, C.H. Beck, 2016
  • PASCOUAU Yves “La politique migratoire de l'Union européenne, de Schengen à Lisbonne”, Fondation Varenne, LGDJ, 2010
  • RENEMAN Marcelle, EU asylum procedures and the right to an effective remedy, Hart Publishing, Oxford, 2014