Bureaucratic configuration and discretion in asylum case processing: the case of the EUAA in Greece

Abstract

This article takes an in-depth look at caseworkers at the European Union Asylum Agency in Greece. The agency’s increased role in asylum case processing and the emergence of the called “integrated European administration” is an unusual but nevertheless critical case to study for scholars of European asylum bureaucracies. Previous research into member state’s national migration authorities has shown that discretionary decision-making is widely deployed by asylum caseworkers. Generally, street-level bureaucrats tend to ‘reinterpret’ policy and creatively make use of the legal framework of the Common European Asylum System in order to make their day-to-day operations run more smoothly and resolve ethical dilemmas. However, this article finds that in the case of the European Union Asylum Agency, the compartmentalized institutional arrangement and short-term contracts removes both the incentive and ability for caseworkers to creatively reinterpret policy and deploy discretionary practices. It is therefore argued that scholars of asylum bureaucracy in Europe must pay increased attention to how the bureaucratic configuration of migration authorities.

Under the hood of the European Union Agency for Asylum: A study of bureaucratic structures, institutional arrangements and frontline caseworkers

“…Whilst the EUAA's officially articulated values are diligence, professionalism, transparency and human rights, caseworkers overwhelmingly felt that working fast and producing results was promoted at the expense of these values (Ekstedt, 2022). In Article II, I also show that caseworkers experience significant ethical dilemmas when recommending a rejection in an asylum case if they have been under heavy time pressure (Ekstedt, 2023).…”

“…Generally, seconded Member State experts from other countries typically had shorter lengths of deployment in Greece but more previous work experience in the field than locally recruited interim personnel. The Member State experts generally thought of their work as less ethically challenging and perceived that their own impact on the outcome of the case was lower -this despite the work tasks being virtually identical (Ekstedt, 2023). The experience of Member State experts was, however, also highly personal.…”

“…Furthermore, Article II shows that EUAA caseworkers' ability to make discretionary decisions is curtailed by the bureaucratic configuration of EUAA operations. Short-term contracts, an unclear division of responsibility and the compartmentalised structure of the organisation are all elements that negatively impact on the caseworkers' ability to act discretionarily (Ekstedt, 2023). The conclusion, therefore, is that the EUAA's impact on the CEAS lies in shaping norms and values.…”

“…These studies amount to what is sometimes referred to as the 'implementation literature' on migration control. To a large degree, Ekstedt (2022Ekstedt ( , 2023 engages with this literature, the results of which are best understood in relation to the implementation literature on asylum bureaucracy presented below.…”

“…However, as will be seen in the theory section below, my study requires a different theoretical framework with even more focus on institutional factors, as defined by new institutionalism. This topic is covered in more details in the second article of this thesis (Ekstedt, 2023).…”