“Crisis Rhetoric” and Derogations from the AFSJ: Is EU Asylum Policy Discriminatory or does its Implementation Reflect the Rule of Law?
This paper analyses the language of EU leaders and its influence on the implementation of EU asylum law by triggering derogations, exceptions and amendments. It compares this process with regards to the 2015 refugee crisis, the Belarus border crisis and the current Ukrainian crisis to portray how t...
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| Format: | Article |
| Language: | English |
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Universidad de Deusto
2022-12-01
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| Series: | Cuadernos Europeos de Deusto |
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| Online Access: | https://ced.revistas.deusto.es/article/view/2586 |
| _version_ | 1811199286597124096 |
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| author | Julia Kienast |
| author_facet | Julia Kienast |
| author_sort | Julia Kienast |
| collection | DOAJ |
| description |
This paper analyses the language of EU leaders and its influence on the implementation of EU asylum law by triggering derogations, exceptions and amendments. It compares this process with regards to the 2015 refugee crisis, the Belarus border crisis and the current Ukrainian crisis to portray how the reaction to similar facts differs and, hence, to show how EU asylum policy suffers from a lack of rule of law. As the crisis in Ukraine unfolds, one can observe how strongly the narrative of EU leaders differs regarding these refugees compared to those from, e.g., Syria and Afghanistan in previous years. It shows a “U-turn” of the EU’s agenda since 2015. Hence, it has become clear that the problem lies less in sufficient contingencies for a sudden influx, but rather a feeling – or lack – of solidarity. From a legal perspective, there is no distinction between the responsibility for asylum applicants based on their nationality. To the contrary, refugee protection builds on the prohibition of discrimination. This has potentially negative implications for the rule of law in the EU. Hence, this paper investigates how EU leaders “talk” their way into applying or not applying EU law and even create EU law at their will simply by describing the arrivals as a security threat, a “hybrid attack” or instead as neighbors in need, as “family”.
Received: 31 July 2022
Accepted: 13 October 2022
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| first_indexed | 2024-04-12T01:45:22Z |
| format | Article |
| id | doaj.art-d579985420af48ba80eda24057618966 |
| institution | Directory Open Access Journal |
| issn | 1130-8354 2445-3587 |
| language | English |
| last_indexed | 2024-04-12T01:45:22Z |
| publishDate | 2022-12-01 |
| publisher | Universidad de Deusto |
| record_format | Article |
| series | Cuadernos Europeos de Deusto |
| spelling | doaj.art-d579985420af48ba80eda240576189662022-12-22T03:53:06ZengUniversidad de DeustoCuadernos Europeos de Deusto1130-83542445-35872022-12-010610.18543/ced.2586“Crisis Rhetoric” and Derogations from the AFSJ: Is EU Asylum Policy Discriminatory or does its Implementation Reflect the Rule of Law?Julia Kienast0Aarhus University, Denmark This paper analyses the language of EU leaders and its influence on the implementation of EU asylum law by triggering derogations, exceptions and amendments. It compares this process with regards to the 2015 refugee crisis, the Belarus border crisis and the current Ukrainian crisis to portray how the reaction to similar facts differs and, hence, to show how EU asylum policy suffers from a lack of rule of law. As the crisis in Ukraine unfolds, one can observe how strongly the narrative of EU leaders differs regarding these refugees compared to those from, e.g., Syria and Afghanistan in previous years. It shows a “U-turn” of the EU’s agenda since 2015. Hence, it has become clear that the problem lies less in sufficient contingencies for a sudden influx, but rather a feeling – or lack – of solidarity. From a legal perspective, there is no distinction between the responsibility for asylum applicants based on their nationality. To the contrary, refugee protection builds on the prohibition of discrimination. This has potentially negative implications for the rule of law in the EU. Hence, this paper investigates how EU leaders “talk” their way into applying or not applying EU law and even create EU law at their will simply by describing the arrivals as a security threat, a “hybrid attack” or instead as neighbors in need, as “family”. Received: 31 July 2022 Accepted: 13 October 2022 https://ced.revistas.deusto.es/article/view/2586crisisrefugeesCEASenforcementdiscrimination |
| spellingShingle | Julia Kienast “Crisis Rhetoric” and Derogations from the AFSJ: Is EU Asylum Policy Discriminatory or does its Implementation Reflect the Rule of Law? Cuadernos Europeos de Deusto crisis refugees CEAS enforcement discrimination |
| title | “Crisis Rhetoric” and Derogations from the AFSJ: Is EU Asylum Policy Discriminatory or does its Implementation Reflect the Rule of Law? |
| title_full | “Crisis Rhetoric” and Derogations from the AFSJ: Is EU Asylum Policy Discriminatory or does its Implementation Reflect the Rule of Law? |
| title_fullStr | “Crisis Rhetoric” and Derogations from the AFSJ: Is EU Asylum Policy Discriminatory or does its Implementation Reflect the Rule of Law? |
| title_full_unstemmed | “Crisis Rhetoric” and Derogations from the AFSJ: Is EU Asylum Policy Discriminatory or does its Implementation Reflect the Rule of Law? |
| title_short | “Crisis Rhetoric” and Derogations from the AFSJ: Is EU Asylum Policy Discriminatory or does its Implementation Reflect the Rule of Law? |
| title_sort | crisis rhetoric and derogations from the afsj is eu asylum policy discriminatory or does its implementation reflect the rule of law |
| topic | crisis refugees CEAS enforcement discrimination |
| url | https://ced.revistas.deusto.es/article/view/2586 |
| work_keys_str_mv | AT juliakienast crisisrhetoricandderogationsfromtheafsjiseuasylumpolicydiscriminatoryordoesitsimplementationreflecttheruleoflaw |