Fineman in Luxembourg: Empirical lessons in asylum seeker vulnerability from the CJEU

Research output: Contribution to journal › Journal article › Research › peer-review

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Fineman in Luxembourg: Empirical lessons in asylum seeker vulnerability from the CJEU. / Küçüksu, Aysel.

In: Netherlands Quarterly of Human Rights, Vol. 40, No. 3, 2022, p. 290-310.

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Küçüksu, A 2022, 'Fineman in Luxembourg: Empirical lessons in asylum seeker vulnerability from the CJEU', Netherlands Quarterly of Human Rights, vol. 40, no. 3, pp. 290-310. https://doi.org/10.1177/09240519221113463

APA

Küçüksu, A. (2022). Fineman in Luxembourg: Empirical lessons in asylum seeker vulnerability from the CJEU. Netherlands Quarterly of Human Rights, 40(3), 290-310. https://doi.org/10.1177/09240519221113463

Vancouver

Küçüksu A. Fineman in Luxembourg: Empirical lessons in asylum seeker vulnerability from the CJEU. Netherlands Quarterly of Human Rights. 2022;40(3):290-310. https://doi.org/10.1177/09240519221113463

Author

Küçüksu, Aysel. / Fineman in Luxembourg: Empirical lessons in asylum seeker vulnerability from the CJEU. In: Netherlands Quarterly of Human Rights. 2022 ; Vol. 40, No. 3. pp. 290-310.

Bibtex

@article{752ab1d9c5da40a19a62dd380a7f45f6,
title = "Fineman in Luxembourg: Empirical lessons in asylum seeker vulnerability from the CJEU",
abstract = "This article marries empirical evidence from the CJEU's asylum practice with the main tenets of Martha Fineman's {\textquoteleft}vulnerability theory{\textquoteright}. It uses observations from this union in support of a theoretical and an empirical argument. On the theoretical level, the discussion unfolds to show that the post-identity {\textquoteleft}contextual{\textquoteright} approach which Fineman fosters can supplement the identity-based {\textquoteleft}categorical{\textquoteright} approach that currently anchors various asylum-related procedures in the EU. On the empirical level, it argues that the CJEU's asylum jurisprudence can offer the blueprint for how the theoretical aspiration would play out in practice. Together, the two arguments establish that Fineman's work could help align asylum governance with the asylum seeker's {\textquoteleft}embodied and embedded{\textquoteright} reality in a time when mismatch between the two attracts growing critique. Overall, this work not only contributes to the debate on the theory of vulnerability, but it also expands the application of Fineman's theory as a method for understanding and framing existing case law of the CJEU.",
author = "Aysel K{\"u}{\c c}{\"u}ksu",
year = "2022",
doi = "10.1177/09240519221113463",
language = "English",
volume = "40",
pages = "290--310",
journal = "Netherlands Quarterly of Human Rights",
issn = "0924-0519",
publisher = "Intersentia N.V",
number = "3",

}

RIS

TY - JOUR

T1 - Fineman in Luxembourg: Empirical lessons in asylum seeker vulnerability from the CJEU

AU - Küçüksu, Aysel

PY - 2022

Y1 - 2022

N2 - This article marries empirical evidence from the CJEU's asylum practice with the main tenets of Martha Fineman's ‘vulnerability theory’. It uses observations from this union in support of a theoretical and an empirical argument. On the theoretical level, the discussion unfolds to show that the post-identity ‘contextual’ approach which Fineman fosters can supplement the identity-based ‘categorical’ approach that currently anchors various asylum-related procedures in the EU. On the empirical level, it argues that the CJEU's asylum jurisprudence can offer the blueprint for how the theoretical aspiration would play out in practice. Together, the two arguments establish that Fineman's work could help align asylum governance with the asylum seeker's ‘embodied and embedded’ reality in a time when mismatch between the two attracts growing critique. Overall, this work not only contributes to the debate on the theory of vulnerability, but it also expands the application of Fineman's theory as a method for understanding and framing existing case law of the CJEU.

AB - This article marries empirical evidence from the CJEU's asylum practice with the main tenets of Martha Fineman's ‘vulnerability theory’. It uses observations from this union in support of a theoretical and an empirical argument. On the theoretical level, the discussion unfolds to show that the post-identity ‘contextual’ approach which Fineman fosters can supplement the identity-based ‘categorical’ approach that currently anchors various asylum-related procedures in the EU. On the empirical level, it argues that the CJEU's asylum jurisprudence can offer the blueprint for how the theoretical aspiration would play out in practice. Together, the two arguments establish that Fineman's work could help align asylum governance with the asylum seeker's ‘embodied and embedded’ reality in a time when mismatch between the two attracts growing critique. Overall, this work not only contributes to the debate on the theory of vulnerability, but it also expands the application of Fineman's theory as a method for understanding and framing existing case law of the CJEU.

U2 - 10.1177/09240519221113463

DO - 10.1177/09240519221113463

M3 - Journal article

VL - 40

SP - 290

EP - 310

JO - Netherlands Quarterly of Human Rights

JF - Netherlands Quarterly of Human Rights

SN - 0924-0519

IS - 3

ER -

ID: 331458221