Why courts are the life buoys of migrant rights: anti-immigrant pressure, variation in judicial independence, and asylum recognition rates

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Why courts are the life buoys of migrant rights: anti-immigrant pressure, variation in judicial independence, and asylum recognition rates. / Zaun, Natascha; Leroch, Martin; Thielemann, Eiko.
in: Journal of European Public Policy, Jahrgang 31, Nr. 5, 2024, S. 1206-1230.

Publikation: Beiträge in ZeitschriftenZeitschriftenaufsätzeForschungbegutachtet

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@article{3055ba38c5d7485d98ca3f6d09b481cf,
title = "Why courts are the life buoys of migrant rights: anti-immigrant pressure, variation in judicial independence, and asylum recognition rates",
abstract = "A rise in anti-immigrant pressure can reduce asylum recognition rates, irrespective of individuals{\textquoteright} protection needs. Independent courts, which often act as a safeguard of migrant rights vis-{\`a}-vis such pressures, have been subject to increasing political interference. Yet, we know very little about how variation in the level of judicial independence–especially among lower courts–affects policy outcomes. In this paper, we assess the impact of anti-immigrant pressure and judicial independence on first and final instance refugee status determination decisions across 28 European Union member states over a ten-year period (2008–2018). We find that the relative independence of courts makes the biggest difference in asylum recognition rates at first and final instance when levels of anti-immigrant pressure are particularly high. This effect can be demonstrated not just regarding asylum appeals, but also for first instance decisions, suggesting that independent courts can have a liberal {\textquoteleft}foreshadowing effect{\textquoteright} on national asylum agencies.",
keywords = "Anti-immigrant pressure, European Union member states, judicial independence, non-majoritarian institutions, refugee recognition rates, refugee status determination, Politics",
author = "Natascha Zaun and Martin Leroch and Eiko Thielemann",
note = "Publisher Copyright: {\textcopyright} 2023 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.",
year = "2024",
doi = "10.1080/13501763.2023.2182821",
language = "English",
volume = "31",
pages = "1206--1230",
journal = "Journal of European Public Policy",
issn = "1350-1763",
publisher = "Routledge Taylor & Francis Group",
number = "5",

}

RIS

TY - JOUR

T1 - Why courts are the life buoys of migrant rights

T2 - anti-immigrant pressure, variation in judicial independence, and asylum recognition rates

AU - Zaun, Natascha

AU - Leroch, Martin

AU - Thielemann, Eiko

N1 - Publisher Copyright: © 2023 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.

PY - 2024

Y1 - 2024

N2 - A rise in anti-immigrant pressure can reduce asylum recognition rates, irrespective of individuals’ protection needs. Independent courts, which often act as a safeguard of migrant rights vis-à-vis such pressures, have been subject to increasing political interference. Yet, we know very little about how variation in the level of judicial independence–especially among lower courts–affects policy outcomes. In this paper, we assess the impact of anti-immigrant pressure and judicial independence on first and final instance refugee status determination decisions across 28 European Union member states over a ten-year period (2008–2018). We find that the relative independence of courts makes the biggest difference in asylum recognition rates at first and final instance when levels of anti-immigrant pressure are particularly high. This effect can be demonstrated not just regarding asylum appeals, but also for first instance decisions, suggesting that independent courts can have a liberal ‘foreshadowing effect’ on national asylum agencies.

AB - A rise in anti-immigrant pressure can reduce asylum recognition rates, irrespective of individuals’ protection needs. Independent courts, which often act as a safeguard of migrant rights vis-à-vis such pressures, have been subject to increasing political interference. Yet, we know very little about how variation in the level of judicial independence–especially among lower courts–affects policy outcomes. In this paper, we assess the impact of anti-immigrant pressure and judicial independence on first and final instance refugee status determination decisions across 28 European Union member states over a ten-year period (2008–2018). We find that the relative independence of courts makes the biggest difference in asylum recognition rates at first and final instance when levels of anti-immigrant pressure are particularly high. This effect can be demonstrated not just regarding asylum appeals, but also for first instance decisions, suggesting that independent courts can have a liberal ‘foreshadowing effect’ on national asylum agencies.

KW - Anti-immigrant pressure

KW - European Union member states

KW - judicial independence

KW - non-majoritarian institutions

KW - refugee recognition rates

KW - refugee status determination

KW - Politics

UR - http://www.scopus.com/inward/record.url?scp=85158874955&partnerID=8YFLogxK

UR - https://www.mendeley.com/catalogue/622cab70-a3ed-392e-bab8-0bd4914fbe08/

U2 - 10.1080/13501763.2023.2182821

DO - 10.1080/13501763.2023.2182821

M3 - Journal articles

AN - SCOPUS:85158874955

VL - 31

SP - 1206

EP - 1230

JO - Journal of European Public Policy

JF - Journal of European Public Policy

SN - 1350-1763

IS - 5

ER -

DOI