The European Commission’s response to national emergency regimes within the EU’s asylum policy: from rejection to accommodation
研究了欧盟委员会如何回应成员国限制寻求庇护者入境的紧急法律，发现其回应从拒绝转向容忍再到接纳，并受危机性质和成员国信任度影响。
National emergency laws restricting the entry of asylum seekers have become increasingly common across the European Union. This article investigates how the European Commission responds to such emergency regimes that derogate from EU asylum and migration law, and which combination of factors explains the variation in its responses. Using a diverse case study design covering Austria, Hungary, and Poland since 2016, the study traces how the Commission’s response shifted from rejection to forbearance and ultimately to accommodation, leading to the partial Europeanisation of exceptional practices under the 2024 asylum reform package. Building on research on legal forbearance and compliance, the article argues that the Commission’s behaviour depends not only on rational cost–benefit calculations but also on how it perceives the nature of each crisis, and the trust in the member state involved. The findings point to a broader institutional shift, as the Commission seeks to preserve its authority by redefining the boundaries of compliance.