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The EU Regulatory Competition in Asylum Law

Author

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  • Veshi Denard

    (Chair of the Social Sciences Research Center, University of New York Tirana, +355 445 12345, Kodra e Diellit, Tirana, Albania)

Abstract

This paper deals with the principle of subsidiarity in asylum law. It exposes some of the most important ‘push’ factors that have been considered by the European Union (EU) as arguments for the centralisation of asylum law. Through the application of an economic approach, this text examines the need for harmonization of asylum standards to reach the goal established in Article 5 of the Treaty on European Union. An economic methodology is used to investigate the application of the subsidiarity principle by considering some of the most important economic criteria for both centralisation and decentralisation, and by applying the findings to the asylum law. Specifically, this paper considers the Tiebout model, the problem of the ‘race to the bottom’, the reduction of transaction costs, and the importance of the protection of refugee human rights. These theories are commonly used in the cases of a specific issue with a transboundary nature, which produces [negative] international externalities. In addition, they reflect the significance of equal conditions within the EU Member States as well as the role of the EU as a sui generis organisation protecting human rights. It should be noted that this paper does not deal with the basic normative question of whether or not refugees deserve protection, but it aims to expose the advantages and disadvantages of an EU asylum policy. In its conclusion, the paper discusses the advantages of a centralised EU policy that also allows, within certain conditions, some type of competition between the Member States.

Suggested Citation

  • Veshi Denard, 2020. "The EU Regulatory Competition in Asylum Law," Central European Journal of Public Policy, Sciendo, vol. 14(1), pages 19-30, June.
    • Handle: RePEc:vrs:cejopp:v:14:y:2020:i:1:p:19-30:n:3
    DOI: 10.2478/cejpp-2020-0002
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    References listed on IDEAS

    as
    1. David Card, 1990. "The Impact of the Mariel Boatlift on the Miami Labor Market," ILR Review, Cornell University, ILR School, vol. 43(2), pages 245-257, January.
    2. Ryan Bubb & Michael Kremer & David I. Levine, 2011. "The Economics of International Refugee Law," The Journal of Legal Studies, University of Chicago Press, vol. 40(2), pages 367-404.
    3. Eiko Thielemann, 2018. "Why Refugee Burden†Sharing Initiatives Fail: Public Goods, Free†Riding and Symbolic Solidarity in the EU," Journal of Common Market Studies, Wiley Blackwell, vol. 56(1), pages 63-82, January.
    4. Rosholm, Michael & Vejlin, Rune, 2010. "Reducing income transfers to refugee immigrants: Does start-help help you start?," Labour Economics, Elsevier, vol. 17(1), pages 258-275, January.
    5. Bureau, Dominique & Champsaur, Paul, 1992. "Fiscal Federalism and European Economic Unification," American Economic Review, American Economic Association, vol. 82(2), pages 88-92, May.
    6. Anjali Suriyakumaran & Yuji Tamura, 2015. "Asylum provision: A review of economic theories," CEPR Discussion Papers 692, Centre for Economic Policy Research, Research School of Economics, Australian National University.
    7. Monheim-Helstroffer, Jenny & Obidzinski, Marie, 2010. "Optimal discretion in asylum lawmaking," International Review of Law and Economics, Elsevier, vol. 30(1), pages 86-97, March.
    8. Avinash K. Dixit, 1998. "The Making of Economic Policy: A Transaction Cost Politics Perspective," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262540983, December.
    9. Cremer, Jaques & Estache, Antonio & Seabright, Paul & DEC, 1994. "The decentralization of public services : lessons from the theory of the firm," Policy Research Working Paper Series 1345, The World Bank.
    10. Francisco L. Rivera-Batiz, 2018. "English Language Proficiency and the Economic Progress of Immigrants," World Scientific Book Chapters, in: Francisco L Rivera-Batiz (ed.), International and Interregional Migration Theory and Evidence, chapter 11, pages 165-173, World Scientific Publishing Co. Pte. Ltd..
    11. Wallace E. Oates & Wallace E. Oates, 2004. "An Essay on Fiscal Federalism," Chapters, in: Environmental Policy and Fiscal Federalism, chapter 22, pages 384-414, Edward Elgar Publishing.
    12. repec:bla:kyklos:v:53:y:2000:i:4:p:435-66 is not listed on IDEAS
    13. Kalena E. Cortes, 2004. "Are Refugees Different from Economic Immigrants? Some Empirical Evidence on the Heterogeneity of Immigrant Groups in the United States," The Review of Economics and Statistics, MIT Press, vol. 86(2), pages 465-480, May.
    14. Wittman, Donald, 1989. "Why Democracies Produce Efficient Results," Journal of Political Economy, University of Chicago Press, vol. 97(6), pages 1395-1424, December.
    15. Charles M. Tiebout, 1956. "A Pure Theory of Local Expenditures," Journal of Political Economy, University of Chicago Press, vol. 64(5), pages 416-416.
    16. Daniel Milton & Megan Spencer & Michael Findley, 2013. "Radicalism of the Hopeless: Refugee Flows and Transnational Terrorism," International Interactions, Taylor & Francis Journals, vol. 39(5), pages 621-645, November.
    17. Sandra Lavenex, 2001. "The Europeanization of Refugee Policies: Normative Challenges and Institutional Legacies," Journal of Common Market Studies, Wiley Blackwell, vol. 39(5), pages 851-874, December.
    18. des Places, Segolene Barbou & Deffains, Bruno, 2003. "Cooperation in the shadow of regulatory competition: the case of asylum legislation in Europe," International Review of Law and Economics, Elsevier, vol. 23(4), pages 345-364, December.
    19. Natascha Zaun, 2018. "States as Gatekeepers in EU Asylum Politics: Explaining the Non†adoption of a Refugee Quota System," Journal of Common Market Studies, Wiley Blackwell, vol. 56(1), pages 44-62, January.
    20. Cortes, Kalena E., 2004. "Are Refugees Different from Economic Immigrants? Some Empirical Evidence on the Heterogeneity of Immigrant Groups in the United States," IZA Discussion Papers 1063, Institute of Labor Economics (IZA).
    21. Andreoni, James, 1988. "Why free ride? : Strategies and learning in public goods experiments," Journal of Public Economics, Elsevier, vol. 37(3), pages 291-304, December.
    22. Dustmann, Christian, 1997. "Differences in the labor market behavior between temporary and permanent migrant women," Labour Economics, Elsevier, vol. 4(1), pages 29-46, March.
    23. Frey, Bruno S, 1994. "Direct Democracy: Politico-economic Lessons from Swiss Experience," American Economic Review, American Economic Association, vol. 84(2), pages 338-342, May.
    24. Antonio Estache, 1995. "Decentralizing Infrastructure: Advantages and Limitations," ULB Institutional Repository 2013/44118, ULB -- Universite Libre de Bruxelles.
    25. Fritz Breuss & Markus Eller, 2004. "The Optimal Decentralisation of Government Activity: Normative Recommendations for the European Constitution," Constitutional Political Economy, Springer, vol. 15(1), pages 27-76, March.
    26. Ségolène Barbou des Places, 2003. "Evolution of Asylum Legislation in the EU: Insights from Regulatory Competition Theory," EUI-RSCAS Working Papers 16, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
    27. Mattei, Ugo, 1994. "Efficiency in legal transplants: An essay in Comparative Law and Economics," International Review of Law and Economics, Elsevier, vol. 14(1), pages 3-19, March.
    Full references (including those not matched with items on IDEAS)

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