Evidence-Based Policymaking in European Union Asylum Law: Potential and Pitfalls

Abstract

Evidence-based policymaking has become crucial in the area of asylum. In an attempt to offer a critical overview of the role and weight of ‘evidence’ in the current phase of reform of the Common European Asylum System (CEAS), this article illustrates how evidence-based policymaking in EU asylum law presents a number of pitfalls. Lack of a full impact assessment, instrumentalization of data and oversimplification of the available evidence, adversely impact the effectiveness of the CEAS. Conversely, the article aims to unfold the potential that the use of evidence may have in improving the quality of the EU legislation, by reflecting on its impact on migrants. The article will, therefore, propose that the use of evidence from a user’s perspective, namely from the point of view of those subjects that are mostly affected by the legislation, can contribute to the teleological effectiveness of the CEAS: ensuring adequate protection for third-country nationals in need for it.