Evidentiary Standards of Inquisitorial versus Adversarial Asylum Procedures in the Light of Harmonization

Abstract: European asylum procedures are, despite fierce harmonization, not converging to the extent required for reaching the aim of a Common European Asylum Procedure (CEAS).One of the reasons for continuously diverging trends, recognition rates and responses to harmonizing initiatives is the differences in the procedural framework apparent in the European context. This article sets out to identify the impact on harmonization of one of the grand dichotomies that characterizes European asylum procedures – the adversarial vs. inquisitorial forms of procedure – especially from the point of view of evidentiary standards and practices. The article argues that harmonizing rules ignoring the differences in procedural traditions and practices in fact may lead to both confusion in the stages of implementation and reactions against harmonization in the practices of concerned asylum procedures.