DTA

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Tesi etd-09282019-102506

Type of thesis
Perfezionamento
Author
DE PASCALI, ALESSIO
URN
etd-09282019-102506
Title
Between (non)compliance and legal discretion: a comparative analysis of the implementation of the Asylum Procedures Directive
Scientific disciplinary sector
SPS/04
Course
SCIENZE POLITICHE - Joint PhD in Political Science, European Politics and International Relations
Committee
Membro Prof. NATALI, DAVID
Membro Prof. CARAMMIA, MARCELLO
Membro Prof.ssa TSOURDI, LILIAN
Keywords
  • Asylum Procedures Directive
  • Common European Asylum System
  • Compliance
  • Customisation
  • Discretion
  • Implementation
Exam session start date
26/11/2020;
Availability
parziale
Abstract
The present research deals with cross-national differences in the implementation of the Asylum Procedures Directive (APD) in 4 Member States: France, Germany, Italy, and Sweden. These differences, which hinder the achievement of the degree of harmonisation necessary to meet the objectives of the APD, may be caused by shortcomings in the national implementation phase (non-compliance) and/or by shortcomings in the design of the Directive (such as vague, ambiguous standards and the excessive level of legal discretion granted by the APD). This dissertation examines the role played by implementation- and design-based mechanisms in causing the emergence of such cross-national differences - through an innovative matrix that tracks and compares the transposition, practical application, and discretionary provisions of key articles of the Directives across the 4 Member States. The insights generated by the comparative analysis are also used to shed light on the discussion surrounding the ongoing reform of the Common European Asylum System.
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