The Common European Asylum System

Abstract

The reform of the Common European Asylum System (CEAS) has gained momentum, but less attention has been paid to the dynamics of enforcement. Yet this is a crucial issue, because European asylum policy has been suffering from an enforcement deficit that has undermined the effective realization of its policy goals. In an attempt to offer an overview of all enforcement strategies for the CEAS, this chapter aims to explain whether EU direct enforcement mechanisms through EU agencies, such as the European Asylum Support Office (EASO), and its most recent transformation into the EU Agency for Asylum (EUAA) can be more effective than traditional forms of enforcement by national authorities in ensuring better implementation of relevant EU rules. In particular, it will be argued that direct enforcement by EU agencies can ensure greater convergence in the implementation of the CEAS and inject considerable resources and expertise into national administrations. However, this potential should be counterbalanced by a clear division of responsibilities between the EU and the national administration and by an adequate framework for access to justice for migrants that interact with EU agencies.