Dining with a new partner? The end of Ireland's a la carte approach to the EU Common European Asylum System

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Abstract

In 2024, Ireland opted in to seven of the nine legislative measures of the EU Pact on Migration and Asylum and signalled its intention to ‘align’ with the remaining two. This represents a significant change in policy orientation – from a selective engagement with the Common European Asylum System inspired, to some extent at least, by the UK, to a much fuller commitment to EU asylum law. This article investigates the causes and consequences of Ireland’s previous opt in/opt out approach to the Common European Asylum System and explores why Ireland has effectively swapped the à la carte dining experience with Britain for the Brussels set menu. Although the à la carte approach has led to profound and largely negative consequences for the Irish asylum landscape, the article nonetheless concludes that it may be precisely the wrong moment for a more comprehensive engagement with EU asylum law.
Original languageEnglish (Ireland)
Article number25
Pages (from-to)1031
Number of pages1056
JournalCommon Market Law Review
Volume62
Issue number4
DOIs
Publication statusPublished - 1 Aug 2025

Keywords

  • Common European Asylum System, Ireland, EU Pact on Migration and Asylum, Protocol 21 to the TFEU, Common Travel Area, AFSJ

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