Discretionary Implementation: Ambiguity and the Work of Street-Level Bureaucrats

Radu-Mihai Triculescu

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Chapter 2 Discretionary Implementation: Ambiguity and the Work of Street-Level Bureaucrats

In: Assessing the Common European Asylum System

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Radu-Mihai Triculescu

Radu-Mihai Triculescu
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Type:: Chapter

Pages:: 16–41

DOI:: https://doi.org/10.1163/9789004700826_003

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Abstract

Assumably, the endeavour on which this book embarks is an ambitious one. As such, it must begin with a thorough theoretical exploration of decision-making in street-level bureaucracies that can ground all subsequent analysis. Understanding how asylum procedures are constructed for bureaucrats in the context of multilevel governance and administration requires understanding how the key concepts have been approached thus far. Each level involved in the process of asylum retains certain rights and discretions derived from the ambiguity found and accumulated along the way. This ambiguity – which is categorised as either intentional or unintentional – may be valuable in reaching consensus when designing policy. But it manifests itself differently depending on different national contexts.

This line of reasoning follows a trend within the study of migration regimes which is beginning to gain increasingly more traction: focusing on micro-level situations and examining how border regimes (specifically asylum) manifest themselves at the intersection between legal and practical implementation. Given the very high number of asylum applications that Europe has witnessed in recent years, especially during the so-called ‘refugee crisis’ in 2015–2016, it is important for academia to tackle the internal workings of migration regimes and attempt to explain the role of discretion and ambiguity in the process through which asylum is granted or denied at the borders of Europe.

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Assessing the Common European Asylum System

Discretionary Implementation and Street-Level Bureaucracy

Series: Nijhoff Studies in European Union Law, Volume: 25

Cover Assessing the Common European Asylum System

E-Book ISBN:: 9789004700826

Publisher:: Brill | Nijhoff

Print Publication Date:: 30 Oct 2024

Subjects
- International Law
  - International Law: General Interest
  - Public International Law

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Chapter 2 Discretionary Implementation: Ambiguity and the Work of Street-Level Bureaucrats

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Assessing the Common European Asylum System

Discretionary Implementation and Street-Level Bureaucracy

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