EU ACCESSION TO THE ECHR AND THE STUMBLING BLOCK OF ASYLUM PROTOCOL NO. 24

The EU and the U.S. share common standards in substantive asylum law. However, a significant point of divergence occurs when asylum is requested by an EU national. U.S. adjudicators examine asylum claims on a case-by-case basis, regardless of country of origin. On the other hand, EU adjudicators presume that asylum claims filed by EU nationals are without merit. This presumption comes primarily from the Protocol on Asylum for Nationals of Member States of the European Union (Protocol No. 24). Protocol No. 24 discriminates on the basis of nationality, which is prohibited under international law. The EU is now poised to accede to the ECHR. EU accession to the ECHR should not be finalized unless Protocol No. 24 is repealed.