Between (non)compliance and legal discretion: a comparative analysis of the implementation of the Asylum Procedures Directive

The present research deals with cross-national differences in the implementation of the Asylum Procedures Directive (APD) in 4 Member States: France, Germany, Italy, and Sweden. These differences, which hinder the achievement of the degree of harmonisation necessary to meet the objectives of the APD, may be caused by shortcomings in the national implementation phase (non-compliance) and/or by shortcomings in the design of the Directive (such as vague, ambiguous standards and the excessive level of legal discretion granted by the APD). This dissertation examines the role played by implementation- and design-based mechanisms in causing the emergence of such cross-national differences - through an innovative matrix that tracks and compares the transposition, practical application, and discretionary provisions of key articles of the Directives across the 4 Member States. The insights generated by the comparative analysis are also used to shed light on the discussion surrounding the ongoing reform of the Common European Asylum System.