Sandra Lavenex - Revival: The Europeanisation of Refugee Policies (2001): Between Human Rights and Internal Security

Between human rights and internal security

SANDRA LAVENEX
University of Zurich, Switzerland

First published 2001 by Ashgate Publishing

Reissued 2018 by Routledge
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Copyright Sandra Lavenex 2001

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A Library of Congress record exists under LC control number: 2001089136

ISBN 13: 978-1-138-72887-5 (hbk)
ISBN 13: 978-1-315-19030-3 (ebk)

Index

This book, which is the result of a PhD thesis written at the European University Institute in Florence between 1995 and 1999, has two main goals. The first is to provide a long-term and comprehensive analysis of the dynamics and the constraints behind the Europeanisation of refugee policies. The second, and related, goal is to highlight the institutional and normative environment in which these changes take place. European cooperation in refugee policies since the early 1980s is thus investigated from a multilevel perspective. Developments at the level of the EU are analysed against the background of the international refugee regime and in the context of the simultaneous and interlinked transformations of domestic refugee policies in two important member states, France and Germany. Conceptualising these changes both in terms of shifts in the balance between state sovereignty and EU competence and between human rights and internal security considerations, this work has something to say about the role of the nation state in the European Union and, more specifically, about the prospects for political unification.

I am grateful to several institutions and individuals, who have contributed in many ways to the process of writing this book. First of all, I would like to thank the European University Institute in Florence for offering me three years of research support in a highly stimulating and aesthetically splendid working environment. I couldnt think of a better place to write a PhD. I am also grateful to the Swiss National Science Foundation, which generously offered a grant for terminating this study. The final draft of the manuscript benefited from the benevolent support of my new employer, the University of Zurich, and in particular from Prof. Ruloffs team at the Centre for International Studies in Zurich.

Many friends and colleagues have provided help and assistance during the writing of this book, and Im grateful to them all. Particular thanks are due to the members of my examining jury, Adrienne Hritier, Klaus Eder, Didier Bigo and Thomas Risse, for their critical reading of the thesis and their friendly and encouraging support during my research. I would also like to thank Maureen Lechleitner for her organisational support. In addition, this work benefited from fruitful and enjoyable conversations with several members of the European Forum on International Migration at the European University Institute in 1998, as well as from conversations with various colleagues at academic conferences and elsewhere. In particular, I would like to thank Roland Bank, Michael Bommes, Grete Brochman, Kirsten Dauck, Thomas Diez, Adrian Favell, Elspeth Guild, Virginie Guiraudon, Hans-Martin Jaeger, Christoph Knill, Dirk Lehmkuhl, Andrea Lenschow, Matthias Leo Maier, Sabine Schweitzer, Joanne van Se1m, Nina Spaelti, Emek Ucarer, Patrick Weil, Antje Wiener and Catherine Wihtol de Wenden for many fruitful conversations. Of course, I am also indebted to my various interview partners in the EU institutions, the UNHCR, NGOs and national administrations in Germany and France for sharing their insights into the Europeanisation of refugee policies with me.

Finally, I would like to thank my brother, my parents and my grandparents for their constant interest, their questions, their confidence and support. The book is dedicated to them.

AT Amsterdam Treaty

BAFl Bundesamt fr. Flchtlinge

BGBl Bundesgesetzblatt

BR Drs Bundesratsdrucksache

BR PIPr Bundesratsplenarprotokoll

BT Drs Bundestagsdrucksache

BVerfGE Bundesverfassungsgerichtsentscheidung

CAHAR Ad Hoc Committee of Experts on the Legal Aspects of Refugees of the Council of Europe

CDMG Committee on Migration, Refugees and Demography of the Council of Europe

CDU Christlich Demokratische Union

CEECs Central and Eastern European Countries

CFSP Common Foreign and Security Policy

CIREA Centre for Information, Discussion, and Exchange on Asylum

CIREFI Centre for Information, Discussion, and Exchange on the Crossing of Borders and Immigration

COREPER Committee of Permanent Representatives of the Member States at the European Union

COSAC Conference of European Affairs Committees of the Parliaments of the European Union

CRR Commission de Recours des Rfugis

CSCO London Conclusions on countries in which there is generally no risk of persecution

CSU Christlich Soziale Union

DAF Division Asile aux Frontires

DC Dublin Convention

DICCILEC Direction centrale du contrle de limmigration et de la lutte contre lemploi des clandestins

DLPAJ Direction des libertes publiqus et des affaires juridiques du ministre de linterieur

EC European Community (Treaty)

ECHR European Convention on Human Rights and Fundamental Freedoms

ECJ European Court of Justice

ECOSOC United Nations Economic and Social Council

EIS European Information System

EU European Union (Treaty)

EURODAC Draft Convention for the comparison of fingerprints of applicants for asylum

FASP Independent Association of Police Unions

FAZ Frankfurter Allgemeine Zeitung

FDP Freie Demokratische Partei

FN Front National

FR Frankfurter Rundschau

GC Geneva Convention on the Status of Refugees

GG Grundgesetz

ICG Intergovernmental Conference

JHA Justice and Home Affairs

JO Journal Officiel

HLWGAI High Level Working Group on Asylum and Migration

LM Le Monde

MNS Migration News Sheet

NGO Non-Governmental Organisation

OFPRA Office Francais pour la Protection des Refugis et Apatrides

PC Parti Communiste

PS Parti Socialiste

RMUA London Resolution on manifestly unfounded asylum applications

RPR Rassemblement pour la Rpublique