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Optimal discretion in asylum lawmaking

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  • Jenny Monheim
  • Marie Obidzinski

Abstract

This paper studies whether refugee law should be centralized, how it should be centralized, and what are the consequences for migrants seeking protection as well as for host countries. Jurisdictions face different refugee in ows. We show that the resulting varying levels of strictness of the eligibility criteria create a legal externality which leads to a "race to the bottom", or a toughening, of asylum standards. They are stricter than the Pareto efficient level. To solve this problem, we consider two forms of harmonization: fixed and minimum standards. We find no proof that either type would lead to a better result for the member countries than national asylum law making. However, the system of minimum standards is clearly best for refugees, and that it is and better than total harmonization for both host countries.

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Bibliographic Info

Paper provided by Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg in its series Working Papers of BETA with number 2007-31.

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Date of creation: 2007
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Handle: RePEc:ulp:sbbeta:2007-31

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Keywords: competition in law making; asylum law; European law; human rights.;

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Citations

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Cited by:
  1. Bertrand Crettez & Bruno Deffains & Olivier Musy, 2010. "On Legal Cooperation and the Dynamics of Legal Convergence," EconomiX Working Papers 2010-17, University of Paris West - Nanterre la Défense, EconomiX.
  2. Andrzej Baniak & Peter Grajzl, 2010. "Interjurisdictional Linkages and the Scope for Interventionist Legal Harmonization," CESifo Working Paper Series 3085, CESifo Group Munich.
  3. Monheim, Jenny, 2007. "Strategic asylum law making in Europe: institutional locus," CSLE Discussion Paper Series 2007-02, Saarland University, CSLE - Center for the Study of Law and Economics.

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