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Guild, Elspeth --- "Administrative law and the Common European Asylum System" [2017] ELECD 418; in Harlow, Carol; Leino, Päivi; della Cananea, Giacinto (eds), "Research Handbook on EU Administrative Law" (Edward Elgar Publishing, 2017) 137

Book Title: Research Handbook on EU Administrative Law

Editor(s): Harlow, Carol; Leino, Päivi; della Cananea, Giacinto

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784710675

Section: Chapter 6

Section Title: Administrative law and the Common European Asylum System

Author(s): Guild, Elspeth

Number of pages: 22

Abstract/Description:

This chapter examines the development of the EU’s Common European Asylum System (CEAS) from the perspective of EU administrative law. It starts with an explanation of what the CEAS is and where it came from. It then proceeds with a short examination of the issues regarding competence of the EU and Member States and some of the questions about claims of continuing competence of Member States. It engages in particular with the Asylum Procedures Directive from the perspective of the development of EU administrative law and ends with an assessment of the system’s operation. The foundation of today’s EU, as is constantly repeated, is the four freedoms – free movement of goods, persons, services and capital. From its inception in the early 1950s, these freedoms have driven and provided the basis for the consolidation of EU law. For the purposes of the CEAS, it is the freedom of movement of persons which provides the starting point. The first transitional period for the achievement of free movement of persons in the form of workers and the self-employed ended in 1968, which resulted in the development of the right through the interpretation of the Treaty provisions, regulations and directives designed to give it effect in the national courts and the CJEU. The scope of free movement of persons did not become an issue in the EU until substantially later – gathering importance from the 1980s onwards. Three events in the 1980s had profound effects on this issue of scope.