The Emergence of a European Asylum Policy


This volume covers the proceedings of the second Congress of lawyers specializing in European immigration and asylum law on the topic of “The Emergence of a European Asylum Policy?”. This Congress was jointly organized by Universidade Autonoma de Lisboa and the Odysseus Academic Network of Legal Studies on Immigration and Asylum in Europe on 15 and 16 November 2002 in Lisbon, and discussed the prospects for the future following the Treaty of Amsterdam and the conclusions of the Tampere Summit. The event enjoyed the financial support of the Foundation for Science and Technology of the Portuguese Ministry of Science and Higher Education. The Network could not have organised this event without the contribution of these institutions, and wishes to express its gratitude for their valuable support.

The subject matter covered by this book is obviously evolving. The contributions regarding the determination of the State responsible for the examination of an asylum application and concerning the reception conditions for asylum applicants have been updated according to the legislation adopted on these matters since the Congress took place. They thus constitute some of the first academic commentaries on Regulation EC 343/2003 of 18 February 2003, which establishes the criteria for the determination of the Member State responsible for the examination of an asylum application submitted by a third-country national in one of the Member States, and on Directive 2003/9 of 27 January 2003, which concerns the minimum standards for the reception of asylum applicants in the Member States.

This book constitutes the fourth volume published by the Odysseus Academic Network, and supplements that on “The Emergence of a European Immigration Policy”. Thus, in accordance with its objectives, the Network offers readers an overall synthesis of each of the two main aspects of the new European immigration and asylum policy. An additional volume is already planned, and is to cover the proceedings of the third Congress of lawyers specializing in European immigration and asylum law, which the Odysseus Academic Network will organise in June 2004 in Paris. This event is to take stock of the progress made during the five-year transition period envisaged for the adoption of the European area of freedom, security and justice, which began with the entry into force of the Treaty of Amsterdam on 1 May 1999.

On behalf of all the members of the Odysseus Academic Network, we would like to express our gratitude to all the authors who contributed to this volume, for their efforts up to now as well as for their participation in future common activities, and in particular to the representatives of the national and international institutions who agreed to lend us their valuable support. We would also like to thank Mrs. Nicole Bosmans who, with dynamism and devotion, assumed responsibility for the Network secretariat. Finally, we would like to thank Dr. Figueiredo Lopes, Minister of the Interior of Portugal, as well as Mr. António Vitorino, Commissioner, who respectively did us the honour of giving the opening and closing speeches of the Congress.


Presentation of the Network and Report of Activities 2003;
Présentation du Réseau et rapport d’activités 2003;

Foreword, by
Prof. Constança DIAS URBANO DE SOUSA, Professeure et Directrice du Département de Droit de l’Universidade Autonoma de Lisboa

Le développement d’une politique commune en matière d’asile, par
Jean-Yves CARLIER, Université Catholique de Louvain-la-Neuve

Le développement d’une politique commune en matière d’asile, Commentaire, par
Nuno PICARRA, Faculté de Droit, Universidade Nova de Lisboa

The Evolution of Asylum Applications in EU Member States, by
Gerry C.J. VAN KESSEL, Coordinator, Intergovernmental Consultations on Asylum (I.G.C.)

Distribution of Asylum Seekers in Europe? Dublin II Regulation determining the responsability for examining an asylum application, by
Prof. Ulrike BRANDL, University of Salzburg

Commentaires sur la détermination de l’Etat membre responsable de l’examen d’une demande d’asile et la répartition des charges entre Etats membres?, par
Agnès HURWITZ, Ford Foundation Fellow in International Human Rights and Refugee Law, Refugee Studies Centre, Université d’Oxford

Asylum Procedures, by
Cristina GORTAZAR, Jean Monnet Chair, Universidad Pontificia Comillas de Madrid

One Single Procedure, by
Kay HAILBRONNER, Director of the Centre for European Law on Immigration and Asylum, University of Konstanz

Reception Conditions of Asylum Seekers, by
John HANDOLL, Partner, William Fry Solicitors, Dublin

The Reception Conditions of Asylum Seekers : a comment, by
Orjän EDSTROM, Associate Professor, Umea University

Reception Conditions for Asylum Seekers : Comments, by
Stefano VINCENZI, Directorate Justice and Home Affairs, European Commission

Full Circle? The personal scope of international protection in the Geneva Convention and the Draft Directive on qualification by
Prof. Thomas SPIJKERBOER, Vrije Universiteit Amsterdam

International Protection Obligations and the Definition of Subsidiary Protection in the EU Qualification Directive, by
Gregor NOLL, Assistant Professor of International Law, Lund University, Sweden

Le statut des personnes protégées, par
Prof. François JULIEN-LAFERRIERE, Université de Paris-Sud

Commentaire du rapport sur le statut des personnes protégées. Comment protéger ceux qui en ont besoin? par
Sofia OLIVEIRA, Universidade de Minho, Portugal

Towards a Common European Asylum System, by

Human rights and effective migration policies : an uneasy co-existence – The Conka judgment of the European Court of Human Rights by
Achilles SKORDAS, Assistant Professor, University of Athens

Jurisprudence of the European Court of Human Rights : Lessons for the EU Asylum Policy, by
Elspeth GUILD, Professor of European Immigration Law, University of Nijmegen, Professorial fellow, British Institute of International and Comparative Law, Partner, Kingsley Napley, London

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