The European asylum policy : myth and reality

The first phase of European Asylum Policy (EAP) has been in all senses characterised by the principle of “minimum standards” stated in the Amsterdam Treaty amendments, with minimal binding force for some provisions, the possibility of exemptions and of options and discretionary competence often left to the States. With the ratification of the Lisbon Treaty the situation should radically change. Since, according to new Article 61 par. 2 of the Consolidated version of the Treaty on the Functioning of the European Union, “The Union… shall frame a common policy on asylum”. Which means more than the simple adoption of “measures” on asylum. In order to achieve that goal, further law rapprochement is needed. But also common standards for decision taking.