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Res Publica - Journal of Undergraduate Research

Abstract

Vast disparities in asylum recognition rates have persisted in the European Union despite legislative efforts to standardize the asylum determination process. National judiciaries play an important role in this process and scholars mostly agree that differences in judicial practice pose a challenge to the harmonization of recognition rates. However, no study has specifically analyzed the relationship between these two variables. The aim of this research is to determine whether differences in judicial practice account for the variation in asylum recognition rates in the EU. To observe these differences, precedent relating to three areas of the refugee determination process is identified in selected EU states. Application of this precedent is then analyzed in order to identify restrictive judicial practices. Analyses reveal that differences in judicial practice impact the outcomes of asylum cases, and therefore recognition rates.

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