Welcome to the UCL European Institute, UCL's hub for research, collaboration and information on Europe and the European Union.

UCL European Institute

Contact us

16 Taviton St
London
WC1H 0BW
+44 (0) 207 679 8737
european.institute@ucl.ac.uk

How to find us >>

trans32.pngtrans32.pngtrans32.pngtrans32.png

Resources 

COMMENTS 

Defining a new political contract for the EU

The EU is faced with the challenges of fashioning practices and institutions that reconcile the conflicting demands on political representatives from their international partners and their domestic constituents. This has been particularly manifest in the eurozone recently, but it reflects a deeper challenge which also concerns non euro-area members such as the UK.
Prof Albert Weale (UCL SPP)
19 March 2015 More...

Starts: Mar 19, 2015 12:00:00 AM

Don’t let the Paris murderers win

Professor Laborde warns against the reactivist response to the Paris murders: they misunderstand the role played by free speech and by laïcité. Further, they allow criminals to set the term of the debate on how to better facilitate Muslim integration if France.
Professor Cécile Laborde
26 February 2015 More...

Starts: Feb 26, 2015 12:00:00 AM

Britain and EU reform

Piet Eeckhout revisits the question of EU reform, including different options for and legal as well as political constraints of such reform.
Professor Piet Eeckhout
20 January 2015 More...

Starts: Jan 20, 2015 12:00:00 AM

Refugee protection

UCL European Institute

This section covers European countries’ treatment of refugees, irregular migrants and asylum seekers, and the case study of the Syrian crisis.

1. POLICY BRIEFING

cover4

This policy briefing discusses key practical aspects of refugee protection, as well as questions of racism and xenophobia in Europe. In particular, it addresses:
• The lack of coordinated action on refugees in Europe
• EU asylum policy, in particular the Dublin regulation1
• The inadequacy of Europe’s responses to the Syrian crisis
• The need to consider human rights in discussing migration
• The impact of racism and xenophobia on migration debates

Download


2. BIBLIOGRAPHY AND ONLINE RESOURCES

I. Key Reading
II. The Right to leave a country

Relevant Legal Framework

Institutional Reports

Academic Commentary

  • D. Kochenov, ‘The Right to Leave Any Country’ in R. Plender (ed), International Migration Law (Martinus Nijhoff 2012), accessed 2 March 2014.
  • C. Harvey and R. P. Barnidge, Jr, ‘The right to leave one’s own country under international law’, Global Commission on International Migration, September 2005, accessed 2 March 2014.
  • S. S. Juss, 'Free Movement and the World Order', (2004) 16 Int J Refugee L 289.
  • C. Dauvergne, ‘Sovereignty, Migration and the Rule of Law in Global Times’ (2004) 67(4) MLRev 588.
  • S. Jagerskiold, ‘The Freedom of Movement’ in L. Henkin (ed), The International Bill of Rights: The Covenant on Civil and Political Rights (Columbia University Press 1981) 166.
III. The right to seek asylum in Europe

Relevant Legal Framework

Additionally, in relation to EU Member States only:

  • Article 18 of the EU Charter of Fundamental Rights (EUCFR).
  • Article 19 EUCFR.
  • EU Regulation No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (‘recast Dublin Regulation’).
  • Council Regulation No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (‘FRONTEX Regulation’).
  • Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast).
  • Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status.
  • Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers.
  • Council Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof.

For a general overview of the EU system, see:

Institutional Reports

Academic Commentary

  • E. Guild and V. Moreno-Lax, ‘Current Challenges regarding the International Refugee Law, with focus on EU Policies and EU Co-operation with UNHCR’, CEPS Paper in Liberty and Security in Europe no 59, September 2013, accessed 3 March 2014.
  • C. Costello, ‘Courting Access to Asylum in Europe: Recent Supranational Jurisprudence Explored’, (2012) Human Rights Law Review 287
  • V. Moreno-Lax, ‘Hirsi Jamaa and Others v. Italy or the Strasbourg Court versus extraterritorial migration control?’ (2012) 12.3 Human Rights Law Review 574
  • G Goodwin-Gill, 'The Right to Seek Asylum: Interception at Sea and the Principle of Non-Refoulement', (2011) International Journal of Refugee Law 443
  • V. Mantouvalou, ‘N v UK: No Duty to Rescue the Nearby Needy?’, (2009) 72 Modern Law Review 815
  • A Fischer-Lescano, T Lohr, T Tohidipur, 'Border controls at sea: requirements under international human rights and refugee law', (2009) International Journal of Refugee Law 256
  • A. Edwards, ‘Human Security and the Rights of Refugees: Transcending the Territorial and Disciplinary Borders’ (2009) 30 Michigan J Int’l L 763
  • E. Guild, ‘The Europeanisation of Europe's Asylum Policy’ (2006) 18 Int J Refugee Law 630
  • G. Gilbert, ‘Is Europe Living Up to Its Obligations to Refugees?’(2004) 15:5 EJIL 963.

Case law

ECtHR

  • Hirsi Jamaa and Others v. Italy, 23 February 2012, App No 27765/09.
  • M.S.S. v Belgium and Greece, 21 January 2011, App No 30696/09.
  • N v UK, 27 May 2008, App No 26565/05.

CJEU

  • Case C-79/13 Saciri and others, 27 February 2014, not yet reported.
  • Case C-411/10, NS v Secretary of State for the Home Department, 21 December 2011, not yet reported.
IV. News items, policy reports and other materials relating to the Syrian crisis