Research Papers

After the entry into force of the Amsterdam Treaty (1999), the EU embarked on the objective of creating a Common European Asylum System, implying the harmonisation at EU level of the standards and procedures of individual member states. However, the first phase of legislative activity (1999-2005) delivered mixed results, with most measures portraying low common denominator solutions and wide room for manoeuvre. These first steps are now being revisited in a recast exercise that aims to modify the existing legislation on the qualifications, procedures, reception conditions and member state responsible for asylum claims. This second legislative phase should achieve a true common asylum area by 2012, going beyond the minimum standards set during the first phase. In this paper, we aim to conduct a longitudinal analysis of EU negotiations in the area of asylum law using Sabatier’s ‘advocacy coalition framework’ (ACF). This framework allows us to trace and identify the substantive (policy) and functional (institutional) dimensions by identifying its ‘belief system’ as well as the position of the major players. The objective of the paper is to define the substantive and functional dimensions that shaped each legislative phase and compare these dimensions over time. The comparison between the first and second legislative phase shows that, despite experiencing a major change in the institutional dimension, the area of asylum policy displays a great degree of continuation at the substantive level. Although important gaps in the existing legislation have been filled, the rationale underpinning EU asylum law has not been put into question by any of the key players involved in negotiations.