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Taking Legal Rules into Consideration: EU Asylum Policy and Regulatory Competition

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  • BARBOU DES PLACES, SÉGOLÈNE

Abstract

This article applies regulatory competition theory to an unexplored case of competition among legal norms: asylum. The asylum case study allows for a discussion of two main assumptions of regulatory competition theory: the spontaneous emergence of competition among rules and the mechanical response of regulators to market forces. The article explains to what extent the current legal framework impacts on the emergence and development of the competitive process. This framework determines the existence of a market of legal norms, it impacts on the arbiters' mobility and on States' decision to compete. The article then addresses the mechanical vision of competition. It shows that law frames the response given by regulators to market forces. It discusses the hypothesis that competing legal rules evolve in a linear way and converge. Finally, the asylum case shows the limits of competition theory's ability to explain the evolution of law.

Suggested Citation

  • Barbou Des Places, Sã‰Golãˆne, 2004. "Taking Legal Rules into Consideration: EU Asylum Policy and Regulatory Competition," Journal of Public Policy, Cambridge University Press, vol. 24(1), pages 75-98, May.
    • Handle: RePEc:cup:jnlpup:v:24:y:2004:i:01:p:75-98_00
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    Cited by:

    1. Katharina Holzinger & Thomas Sommerer, 2011. "‘Race to the Bottom’ or ‘Race to Brussels’? Environmental Competition in Europe," Journal of Common Market Studies, Wiley Blackwell, vol. 49(2), pages 315-339, March.

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