Ii. Whose Rule of Law? An Analysis of the Uk's Decision Not to Opt-in to the Eu Asylum Procedures and Reception Conditions Directives
Bibliographic Data
| ID | 9932347 |
|---|---|
| Authors | Justine N Stefanelli (British Institute of International and Comparative Law, corresponding author) |
| Year | 2011 |
| Volume | 60 |
| Issue | 4 |
| Pages | 1055-1064 |
| Publication date | 2011-10-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589311000492 |
| OpenAlex | W2092244741 |
| Language | EN |
| Citations received | 2 |
The United Kingdom (‘UK’) has indicated its intention not to opt-in to two proposals from the European Commission aimed at further developing the Common European Asylum System through the replacement of existing instruments on asylum procedures and reception conditions. The purpose of the European Union (‘EU’) amendment process is to establish rules that more closely align the legal framework for asylum in the Member States so that asylum seekers receive the same higher standard of treatment in any Member State in which they choose to make their application, and to address criticism that the Directives are incompatible with human rights obligations. The UK asserts that its asylum procedures satisfy the standards imposed by its obligations under international and European law, and does not view further harmonization of asylum matters at EU level as necessary or appropriate. Its decision not to opt-in raises issues regarding sovereignty, subsidiarity, the rule of law and European integration. This article will explore these issues, as well as provide an overview of select provisions from the proposals in light of UK asylum policy
Business · Commission · Criticism · European commission · European union · European Union law · Harmonization · Human rights · Member state · Member states · Political science · Refugee · Sovereignty · Subsidiarity · European and International Law Studies · European Criminal Justice and Data Protection · European Union Policy and Governance · Law
| Citations per year | 0.2 |
|---|---|
| Citation span | 2016 - 2021 (6) |
| Highly cited | No |