IDEAS home Printed from https://ideas.repec.org/a/gam/jlawss/v11y2022i3p45-d829304.html
   My bibliography  Save this article

The Juridification of ‘Vulnerability’ through EU Asylum Law: The Quest for Bridging the Gap between the Law and Asylum Applicants’ Experiences

Author

Listed:
  • Luc Leboeuf

    (Law & Anthropology Department, Max Planck Institute for Social Anthropology, 06114 Hall, Germany
    Law Faculty, Catholic University of Louvain (UCLouvain), B-1348 Louvain-la-Neuve, Belgium)

Abstract

‘Vulnerability’ is flooding EU asylum law. Based on the analysis of the ECtHR’s case-law in deportation cases, the EU Directives’ provisions towards ‘vulnerable’ asylum applicants, and their implementation in the domestic legislations and practices of two EU member states that were studied as part of the VULNER project (Belgium and Italy), this contribution establishes a typology of the various legal and bureaucratic functions that ‘vulnerability’ has received in the EU. It also reflects on the ‘juridification’ trend at play, the implementation challenges that have emerged as a result, and how they are currently being addressed in the EU.

Suggested Citation

  • Luc Leboeuf, 2022. "The Juridification of ‘Vulnerability’ through EU Asylum Law: The Quest for Bridging the Gap between the Law and Asylum Applicants’ Experiences," Laws, MDPI, vol. 11(3), pages 1-19, May.
  • Handle: RePEc:gam:jlawss:v:11:y:2022:i:3:p:45-:d:829304
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2075-471X/11/3/45/pdf
    Download Restriction: no

    File URL: https://www.mdpi.com/2075-471X/11/3/45/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. repec:ces:ifodic:v:13:y:2016:i:4:p:19189885 is not listed on IDEAS
    2. Daniel Leithold, 2016. "Asylum in Europe," ifo DICE Report, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 13(4), pages 55-58, 02.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Rameshwar Dubey & Nezih Altay & Constantin Blome, 2019. "Swift trust and commitment: The missing links for humanitarian supply chain coordination?," Annals of Operations Research, Springer, vol. 283(1), pages 159-177, December.
    2. Kostas Kanellopoulos & Deniz Neriman Duru & Ulrike Zschache & Angelos Loukakis & Maria Kousis & Hans-Jörg Trenz, 2021. "Transnational Solidarity, Migration, and the Refugee Crisis: (In)Formal Organising and Political Environments in Greece, Germany, and Denmark," Sociological Research Online, , vol. 26(3), pages 717-738, September.
    3. repec:ces:ifodic:v:14:y:2017:i:4:p:19271452 is not listed on IDEAS
    4. d'Artis Kancs & Patrizio Lecca, 2018. "Long‐term social, economic and fiscal effects of immigration into the EU: The role of the integration policy," The World Economy, Wiley Blackwell, vol. 41(10), pages 2599-2630, October.
    5. Nina Bandelj & Christopher W. Gibson, 2020. "Contextualizing Anti-Immigrant Attitudes of East Europeans," Review of European Studies, Canadian Center of Science and Education, vol. 12(3), pages 1-32, September.
    6. Fadi W Adel & Eden Bernstein & Michael Tcheyan & Shane Ali & Heidi Worabo & Moshtagh Farokhi & Andrew E Muck, 2019. "San Antonio refugees: Their demographics, healthcare profiles, and how to better serve them," PLOS ONE, Public Library of Science, vol. 14(2), pages 1-16, February.
    7. Martina Burmann & Madhinee Valeyatheepillay, 2017. "Asylum Recognition Rates in the Top 5 EU Countries," ifo DICE Report, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 15(02), pages 48-50, August.
    8. Dino Pitoski & Thomas J. Lampoltshammer & Peter Parycek, 2021. "Drivers of Human Migration: A Review of Scientific Evidence," Social Sciences, MDPI, vol. 10(1), pages 1-16, January.
    9. Regina C. Serpa, 2021. "The Exceptional Becomes Everyday: Border Control, Attrition and Exclusion from Within," Social Sciences, MDPI, vol. 10(9), pages 1-12, September.
    10. Thomas Grochtdreis & Hans-Helmut König & Steffi G. Riedel-Heller & Judith Dams, 2022. "Health-Related Quality of Life of Asylum Seekers and Refugees in Germany: a Cross-Sectional Study with Data from the German Socio-Economic Panel," Applied Research in Quality of Life, Springer;International Society for Quality-of-Life Studies, vol. 17(1), pages 109-127, February.
    11. Jure Leko, 2017. "Migration Regimes and the Translation of Human Rights: On the Struggles for Recognition of Romani Migrants in Germany," Social Inclusion, Cogitatio Press, vol. 5(3), pages 77-88.
    12. Franziska Werner & Annegret Haase & Nona Renner & Dieter Rink & Malena Rottwinkel & Anika Schmidt, 2018. "The Local Governance of Arrival in Leipzig: Housing of Asylum-Seeking Persons as a Contested Field," Urban Planning, Cogitatio Press, vol. 3(4), pages 116-128.
    13. Paul Clist & Gabriele Restelli, 2021. "Development aid and international migration to Italy: Does aid reduce irregular flows?," The World Economy, Wiley Blackwell, vol. 44(5), pages 1281-1311, May.
    14. Fatmeh Ahmad Alzoubi & Ahmed Mohammad Al-Smadi & Yazeed Mohammad Gougazeh, 2019. "Coping Strategies Used by Syrian Refugees in Jordan," Clinical Nursing Research, , vol. 28(4), pages 396-421, May.
    15. Ademmer, Esther & Akgüç, Mehtap & Barslund, Mikkel & Di Bartolomeo, Anna & Benček, David & Groll, Dominik & Hoxhaj, Rezart & Lanati, Mauro & Laurentsyeva, Nadzeya & Lücke, Matthias & Ludolph, Lars & R, 2017. "2017 MEDAM Assessment Report on Asylum and Migration Policies in Europe. Sharing responsibility for refugees and expanding legal immigration," MEDAM Assessment Report on Asylum and Migration Policies in Europe, Mercator Dialogue on Asylum and Migration (MEDAM), number 182239.
    16. Jacobi, Milan, 2021. "How the political participation of refugees is shaped on the local level: Self-organisation and political opportunities in Cologne," IDOS Discussion Papers 34/2021, German Institute of Development and Sustainability (IDOS).
    17. Barrett, Alan & McGinnitty, Frances & Quinn, Emma (ed.), 2017. "Monitoring Report on Integration 2016," Research Series, Economic and Social Research Institute (ESRI), number BKMNEXT330.
    18. Charalampos Tsavdaroglou & Chrisa Giannopoulou & Chryssanthi Petropoulou & Ilias Pistikos, 2019. "Acts for Refugees’ Right to the City and Commoning Practices of Care-tizenship in Athens, Mytilene and Thessaloniki," Social Inclusion, Cogitatio Press, vol. 7(4), pages 119-130.
    19. Kim, Steven, 2016. "Complex Factors Behind Misguided Policies in Socioeconomics: From Mass Migration and Persistent Alienation to Rampant Crime and Economic Malaise," MPRA Paper 76733, University Library of Munich, Germany.
    20. Brekhov, Boris, 2019. "Economic Rewards versus Economic Sanctions in International Relations," VfS Annual Conference 2019 (Leipzig): 30 Years after the Fall of the Berlin Wall - Democracy and Market Economy 203599, Verein für Socialpolitik / German Economic Association.
    21. Philip L. Martin, 2016. "Europe’s Migration Crisis: An American Perspective," Migration Letters, Migration Letters, vol. 13(2), pages 307-319, May.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jlawss:v:11:y:2022:i:3:p:45-:d:829304. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.