In person icon The Role of Courts in Shaping Asylum and Migration Policies

Abstract

This panel seeks to critically examine the pivotal role of courts in shaping asylum and migration governance globally. Specifically, it aims to understand the socio-legal factors that influence judicial decision-making and the broader implications of judicial interventions on migration policy. By exploring the interplay of socio-legal factors, the panel emphasizes the complexity of judicial decision-making processes and their impact on key areas such as access to asylum, Refugee Status Determination (RSD), the civil and social rights of refugees, and return policies. While courts are often seen as central actors in migration governance, their actual impact is subject to debate. Some argue their influence is overstated, given the limited number of immigrants who can access judicial systems (Vallinder 1994; Hirschl 2009; Sterett 2016). Others highlight the challenges courts face in exercising independent judicial review, particularly amid growing threats to the rule of law and refugee protections (Cornelisse and Moraru 2022). Moreover, courts' decisions are sometimes overridden by executive powers when state interests prevail (Marmo and Giannacopoulos 2017). At the same time, there is evidence suggesting increasing judicial deference to state migration policies (Kawar 2015; Bonjour 2016; Goldner 2022). These conflicting perspectives underscore the need for a nuanced understanding of the socio-legal factors and institutional dynamics shaping courts' roles in asylum and migration governance. The panel contributions address the following themes and related topics: 1. Socio-legal factors influencing judicial decision-making across multiple levels, at micro (individual), meso (organizational), and macro (systemic) levels, with particular attention to their interplay. 2. Judicialization and judicial independence in the field of asylum and migration. 3. The impact of courts on migration policies.

Title	Details
Strategic Litigation Before the Turkish Constitutional Court Against the EU-Turkey Statement: Addressing an Accountability Gap Through National Courts	View Paper Details
Let’s Stick with the Formalities: the Limits of Judicial Oversight of Asylum Procedures in Brazil	View Paper Details
Socio-Legal Barriers to Accessing Justice in the Asylum Process: A Case Study of Administrative Justice in Greece	View Paper Details
Courts and the Shaping of Asylum Policy. The Case of Accelerated Border Procedures in Italy	View Paper Details
Diversity, Bias and Judicial Decision-Making: The Role of Gender in Asylum Adjudication of German Administrative Courts	View Paper Details