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Challenges to Forging a Common European Asylum System in Line with International Obligations

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Chapter Summary

This chapter outlines major challenges that States, asylum seekers, refugees and the international refugee protection regime itself face as the Common European Asylum System moves into its second phase. It examines the evolution of decision-making, the emphasis on fundamental rights, the question of judicial and democratic scrutiny, continuing variations of approach and application, the impact of the attacks in the United States on 11 September 2001, the political compromises made to reach agreement, the consequences of enlargement and the global impact of the EU harmonisation process. The particular sensitivity of issues relating to asylum and immigration was recognised in the 2001 Treaty of Nice, which generally provided for a significant extension of qualified majority voting and use of the co-decision procedure from 1 Feb. 2003, when the Treaty entered into force.

Keywords: Common European Asylum System; international refugee protection; major challenges; Treaty of Nice



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