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Algorithmic Decision-Making in EU Asylum Procedures

Nistor, Maria Ecaterina LU (2026) JAMM07 20261
Department of Law
Faculty of Law
Abstract
This thesis examines the growing role of algorithmic and data-driven systems in European Union asylum procedures and explores their implications for legal accountability, procedural fairness, and fundamental rights protection. As migration governance increasingly relies on biometric databases, interoperability frameworks, and automated decision-support systems, questions arise regarding the compatibility of these technologies with the legal safeguards embedded in the Common European Asylum System (CEAS).
Using a combined methodology of doctrinal legal analysis and technical illustration, the thesis analyzes how EU migration law, human rights law, data protection law, and the emerging AI regulatory framework govern the use of algorithmic... (More)
This thesis examines the growing role of algorithmic and data-driven systems in European Union asylum procedures and explores their implications for legal accountability, procedural fairness, and fundamental rights protection. As migration governance increasingly relies on biometric databases, interoperability frameworks, and automated decision-support systems, questions arise regarding the compatibility of these technologies with the legal safeguards embedded in the Common European Asylum System (CEAS).
Using a combined methodology of doctrinal legal analysis and technical illustration, the thesis analyzes how EU migration law, human rights law, data protection law, and the emerging AI regulatory framework govern the use of algorithmic systems in migration administration. Particular attention is paid to procedural guarantees such as individualized assessment, transparency, reasoned decision-making, effective remedies, and meaningful human oversight. The research examines key digital infrastructures including Eurodac, the Schengen Information System (SIS), and the Visa Information System (VIS), as well as interoperability initiatives and biometric matching technologies.
The thesis argues that while algorithmic systems are often presented as tools for improving efficiency and consistency, they operate through probabilistic classifications, similarity thresholds, and statistical correlations that may be difficult for affected individuals to understand or challenge. These systems can influence evidentiary assessment and administrative reasoning without fully integrating their underlying logic into legal decision-making processes. The involvement of private technology contractors further complicates questions of accountability and oversight.
The research concludes that existing European legal safeguards provide important protections but remain only partially equipped to address the structural challenges posed by algorithmically mediated migration governance. Asylum systems increasingly dependent on digital infrastructures require stronger mechanisms of transparency, explainability, human oversight, and institutional scrutiny to ensure meaningful accountability and effective protection of fundamental rights. (Less)
Popular Abstract
When people think about asylum decisions, they often imagine a caseworker carefully reviewing an applicant's story and evidence. In reality, many decisions are increasingly influenced by digital systems that collect, compare, and process large amounts of personal and biometric data. Databases such as Eurodac, the Schengen Information System (SIS), and the Visa Information System (VIS) help authorities identify individuals, track movement across borders, and support asylum procedures throughout Europe.
This thesis explores what happens when these technologies become an important part of migration decision-making. It asks whether existing laws are capable of protecting individuals when decisions are shaped not only by human judgment, but... (More)
When people think about asylum decisions, they often imagine a caseworker carefully reviewing an applicant's story and evidence. In reality, many decisions are increasingly influenced by digital systems that collect, compare, and process large amounts of personal and biometric data. Databases such as Eurodac, the Schengen Information System (SIS), and the Visa Information System (VIS) help authorities identify individuals, track movement across borders, and support asylum procedures throughout Europe.
This thesis explores what happens when these technologies become an important part of migration decision-making. It asks whether existing laws are capable of protecting individuals when decisions are shaped not only by human judgment, but also by algorithms, biometric matching systems, and automated assessments.
By combining legal analysis with accessible explanations of how these technologies work, the study examines the challenges they create for transparency, fairness, and accountability. It finds that while digital systems can improve efficiency, they can also make it harder for people to understand how decisions affecting their lives are reached and how they can challenge potential mistakes.
The thesis argues that as European migration governance becomes increasingly digital, legal protections must evolve as well. Stronger transparency requirements, meaningful human oversight, and effective accountability mechanisms will be necessary to ensure that technological innovation does not come at the expense of fundamental rights. (Less)
Please use this url to cite or link to this publication:
author
Nistor, Maria Ecaterina LU
supervisor
organization
course
JAMM07 20261
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Algorithmic Decision-Making, Asylum Law, Common European Asylum System, Artificial Intelligence, Interoperability Systems
language
English
id
9231098
date added to LUP
2026-06-15 09:09:57
date last changed
2026-06-15 09:09:57
@misc{9231098,
  abstract     = {{This thesis examines the growing role of algorithmic and data-driven systems in European Union asylum procedures and explores their implications for legal accountability, procedural fairness, and fundamental rights protection. As migration governance increasingly relies on biometric databases, interoperability frameworks, and automated decision-support systems, questions arise regarding the compatibility of these technologies with the legal safeguards embedded in the Common European Asylum System (CEAS).
Using a combined methodology of doctrinal legal analysis and technical illustration, the thesis analyzes how EU migration law, human rights law, data protection law, and the emerging AI regulatory framework govern the use of algorithmic systems in migration administration. Particular attention is paid to procedural guarantees such as individualized assessment, transparency, reasoned decision-making, effective remedies, and meaningful human oversight. The research examines key digital infrastructures including Eurodac, the Schengen Information System (SIS), and the Visa Information System (VIS), as well as interoperability initiatives and biometric matching technologies.
The thesis argues that while algorithmic systems are often presented as tools for improving efficiency and consistency, they operate through probabilistic classifications, similarity thresholds, and statistical correlations that may be difficult for affected individuals to understand or challenge. These systems can influence evidentiary assessment and administrative reasoning without fully integrating their underlying logic into legal decision-making processes. The involvement of private technology contractors further complicates questions of accountability and oversight.
The research concludes that existing European legal safeguards provide important protections but remain only partially equipped to address the structural challenges posed by algorithmically mediated migration governance. Asylum systems increasingly dependent on digital infrastructures require stronger mechanisms of transparency, explainability, human oversight, and institutional scrutiny to ensure meaningful accountability and effective protection of fundamental rights.}},
  author       = {{Nistor, Maria Ecaterina}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Algorithmic Decision-Making in EU Asylum Procedures}},
  year         = {{2026}},
}