Seeking asylum: storm clouds between international commitments and EU legislative measures

Article abstract:

Asylum law and policy in Europe has been the subject of intense debate over the past decade. The decision of the European Union Member States to incorporate this field into the competence of the European Community in 1999 was coupled with a duty to adopt legislation in all the main areas of asylum to bring about a common asylum system in Europe. The 1 May 2004 deadline for adoption of the EU legislation provides an important staging point at which to examine the measures and test them against the international human rights obligations of the Member States. This article examines the strengths and weakness of the developing EU asylum acquis with particular attention to the changes introduced during the Council negotiations and the consequences as regards the Member States' international commitments.