Increasingly, European states are using policy on the reception of
asylum seekers as an instrument of immigration control, eg by
deterring the lodging of asylum applications, preventing
integration into their societies and exercising a large degree of
control over asylum seekers in order to facilitate expulsion. The
European Union is currently engaged in a process of developing
minimum conditions for the reception of asylum seekers, as part of
a Common European Asylum System. This book critically examines the
outcomes of the negotiation process on these minimum standards -
Directive 2003/9/EC and Directive 2013/33/EU - in relation to
international refugee law, international social security law and
international human rights law. It presents a comprehensive
analysis of state obligations that stem from these different fields
of law with regard to asylum seekers' access to the labour market
and social security benefits and compares them to the minimum
standards developed in the European Union. To this end, it offers
an in-depth study into the notion of non-discrimination on the
basis of nationality in the field of social security and a detailed
analysis of recent developments in the case law of the European
Court on Human Rights on positive obligations in the socioeconomic
sphere. It takes into account both the special characteristics of
international legal obligations for states in the socioeconomic
sphere and the legal consequences of the tentative legal status of
asylum seekers. In addition, this book particularly examines how
the instrumental use of social policy relates to international law.
General
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