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The Common European Asylum System and Human Rights CENTRE for the LAW of EU EXTERNAL RELATIONS

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The Common European Asylum System and Human Rights CENTRE for the LAW of EU EXTERNAL RELATIONS The Common European Asylum System and human rights The Common European CENTRE FOR THE LAW OF EU EXTERNAL RELATIONS Founded in 2008, the Centre for the Law of and prosperity and is carried out along the fol- EU External Relations (CLEER) is the first au- lowing transversal topics: thoritative research interface between academia • the reception of international norms in the EU and practice in the field of the Union’s external legal order; relations. CLEER serves as a leading forum for • the projection of EU norms and impact on the debate on the role of the EU in the world, but its development of international law; most distinguishing feature lies in its in-house re- • coherence in EU foreign and security policies; search capacity, complemented by an extensive • consistency and effectiveness of EU external network of partner institutes throughout Europe. policies. Goals CLEER’s research focuses primarily on four • To carry out state-of-the-art research leading cross-cutting issues: The Common European Asylum System and to offer solutions to the challenges facing the • the fight against illegal immigration and crime; EU in the world today. • the protection and promotion of economic and human rights: enhancing protection in times • To achieve high standards of academic excel- financial interests; lence and maintain unqualified independence. • the protection of the environment, climate and of emergencies • To provide a forum for discussion among all energy; stakeholders in the EU external policy pro- • the ability to provide military security. cess. • To build a collaborative network of researchers Network Claudio Matera and Amanda Taylor (eds.) and practitioners across the whole of Europe. CLEER carries out its research via the T.M.C. • To disseminate our findings and views through Asser Institute’s own in-house research pro- a regular flow of publications and public gramme and through a collaborative research events. network centred around the active participation of all Dutch universities and involving an expand- Assets ing group of other highly reputable institutes and • Complete independence to set its own re- specialists in Europe. search priorities and freedom from any outside influence. Activities • A growing pan-European network, comprising CLEER organises a variety of activities and research institutes and individual experts and special events, involving its members, partners practitioners who extend CLEER’s outreach, and other stakeholders in the debate at national, provide knowledge and practical experience EU- and international level. and act as a sounding board for the utility and CLEER’s funding is obtained from a variety of feasibility of CLEER’s findings and proposals. sources, including the T.M.C. Asser Instituut, project research, foundation grants, confer- CLEER Research programme ences fees, publication sales and grants from CLEER’s research programme centres on the the European Commission. EU’s contribution in enhancing global stability WORKING PAPERS WORKING CENTRE FOR THE LAW OF EU EXTERNAL RELATIONS T.M.C. Asser Instituut inter-university research centre 2014/7 CLEER is hosted by the T.M.C. Asser Instituut, Schimmelpennincklaan 20-22 E-mail: [email protected] 2517 JN, The Hague, The Netherlands Website: http://www.cleer.eu CLEER WORKING PAPERS 2014/7 The European Union and the Kimberley Process CENTRE fOR ThE Law Of EU ExTERNAL Relations ThE Common EuRopEan asyLum sysTEm and human RighTs: EnhanCing pRoTECTion in TimEs of EmERgEnCiEs CLaudio maTERa and amanda TayLoR (Eds.) CLEER WORKING PAPERS 2014/7 1 CLEER WORKING PAPERS 2014/7 CLEER WORKING PAPERS 2014/7 List of contributors governing board / Board of editors Prof. fabian Amtenbrink (Erasmus University Rotterdam) Prof. Steven Blockmans (CEPS/University of Amsterdam) Dr. Wybe Douma (T.M.C. Asser Institute) Prof. Christophe hillion (SIEPS/University of Leiden) Dr. Andrea Ott (Maastricht University) Dr. Tamara Takács (T.M.C. Asser Institute) Prof. Ramses Wessel (University of Twente) associate editors Dr. Ton van den Brink (Utrecht University) Dr. Andrés Delgado Casteleiro (Durham University) Dr. Angelos Dimopoulos (Queen Mary University) Dr. Christina Eckes (University of Amsterdam) Prof. Dr. Peter Van Elsuwege (Ghent University) Dr. Ester herlin-Karnell (VU University, Amsterdam) Prof. Dr. Dimitry Kochenov (Groningen University) Mr. Jan-Willem van Rossem (Utrecht University) Dr. Nikos Skoutaris (University of East Anglia) Dr. Bart Van Vooren (University of Copenhagen) Prof. Dr. henri de Waele (Radboud University, Nijmegen) Dr. Geert De Baere (KU Leuven) Dr. Joris Larik and Dr. Aaron Matta (The hague Institute for Global Justice) Editor-in-Chief/academic programme coordinator Dr.Tamara Takács (T.M.C. Asser Instituut) Editorial policy The governing board of CLEER, in its capacity as board of editors, welcomes the submission of working papers and legal commentaries (max. 40,000 resp. 4.000 words, incl. footnotes, accom panied by keywords and short abstracts) at [email protected]. CLEER applies a double blind peer review system. When accepted, papers are published on the website of CLEER and in 100 hard copies with full colour cover. This text may be downloaded for personal research purposes only. Any additional reproduction, whether in hard copy or electronically, requires the consent of the author(s), editor(s). If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the work- ing paper or other series, the year and the publisher. The author(s), editor(s) should inform CLEER if the paper is to be published elsewhere, and should also assume responsibility for any consequent obligation(s). ISSN 1878-9587 (print) ISSN 1878-9595 (online) © Authors Printed in The Netherlands T.M.C. Asser Institute P.O. Box 30461 2500 GL The hague The Netherlands www.cleer.eu 2 The European Union and the Kimberley Process ConTEnTs List of terms and abbreviations 5 List of contributors 7 Preface 9 The Common European Asylum System and its shortcomings in protecting human rights: can the notion of human security (help to) fill the gaps? 11 Claudio Matera from the Cap Anamur to Mare Nostrum: humanitarianism and migration controls at the EU’s maritime borders 21 Paolo Cuttitta human Security and CEAS: bringing human rights into the centre of the EU’s asylum policies 39 Myrthe Wijnkoop Initiatives of EU Member States in managing mixed flows in the Mediterranean and the EU distribution of competences 51 Paula García Andrade Two realities: striking the balance 65 Robert K. Visser The CJEU as an Asylum Court: what role for human security discourses in the interpretation of persecution in the Qualification Directive? 77 Amanda Taylor Asylum seekers’ access to employment: tensions with human rights obligations in the recast of the directive on reception conditions for asylum seekers 93 Lieneke Slingenberg Contents CONTENTS 3 LIST Of TERMS AND ABBREVIATIONS 5 List of contributors 7 Preface 9 The Common European Asylum System and its Shortcomings in Protecting human Rights: Can the Notion of human Security (help to) fill the Gaps? 11 Claudio Matera 11 from the Cap Anamur to Mare Nostrum: humanitarianism and Migration Controls at the EU’s Maritime Borders 21 Paolo Cuttitta 21 human Security and CEAS: bringing human rights into the centre of the EU’s asylum policies 39 Myrthe Wijnkoop 39 Initiatives of EU Member States in managing mixed flows in the Mediterranean and the EU distribution of competences 51 Paula García Andrade 51 Two realities: striking the balance 65 Robert K. Visser 65 The CJEU as an Asylum Court: What role for human Security discourses in the interpretation of persecution in the Qualification Directive? 77 Amanda Taylor 77 Asylum seekers’ access to employment: Tensions with human rights obligations in the recast of the directive on reception conditions for asylum seekers 93 Lieneke Slingenberg 93 3 CLEER WORKING PAPERS 2014/7 CLEER WORKING PAPERS 2014/7 List of contributors 4 The European Union and the Kimberley Process LisT of TERms and aBBREViaTions AfSJ Area of freedom Security and Justice CEAS Common European Asylum System CJEU European Court of Justice COI Country of Origin Information EASO European Asylum Support Office ECE European Convention on Establishment EChfR European Charter of fundamental Rights EChR European Convention on human Rights ECRE Pan- European Umbrella Organisation for Refugee ECthR European Court of human Rights EEAS European External Action Service EPS Early warning and Preparedness System ESC European Social Charter EU European Union EUCfR European Charter on fundamental Rights fRA European Union’s fundamental Rights Agency IMO International Organisation for Migration LGBTI Lesbian, Gay, Bisexual, Transgender and Intersex LTV Limited Territorial Validity MoU Memorandum of Understanding PEPs Protected entry procedures QD Qualification Directive TEU Treaty on the European Union TfEU Treaty on the functioning of the European Union UNDP United Nations Development Programme UNhCR United Nations high Commissioner for Refugees 5 CLEER WORKING PAPERS 2014/7 CLEER WORKING PAPERS 2014/7 List of contributors 6 The European Union and the Kimberley Process LisT of ConTRiBuToRs Claudio matera Claudio Matera was a researcher for the EU law cluster of the T.M.C. Asser Instituut in the period 2008-2014 and is a Research fellow at the International Centre for Counter Terrorism –The hague. Claudio Matera’s research interests touch upon EU constitutional law, the Area of freedom, Security and Justice and EU External Relations law. he regularly publishes his findings in and par- ticipates in symposia. he is currently finalising his Doctoral Dissertation as external PhD candidate for the University of Twente under the umbrella of CLEER and the supervision of Prof. Ramses A. Wessel; his PhD research pertains to the external dimension of the EU’s Area of freedom, Security and Justice. he has obtained his law degree from the Università degli Studi di Milano-Bicocca in Italy and holds a LL.M. in European Law from the College of Europe, Bruges. paolo Cuttitta Dr. Cuttitta carries out his research activities at VU within the project “Border Policies and Sovereignty.
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