Why courts are the life buoys of migrant rights: anti-immigrant pressure, variation in judicial independence, and asylum recognition rates
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In: Journal of European Public Policy, Vol. 31, No. 5, 2024, p. 1206-1230.
Research output: Journal contributions › Journal articles › Research › peer-review
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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 -