Legal uncertainty, distrust and injustice in post-Brexit asylum cooperation

The chapter discusses the injustice generated in the context of cooperation in asylum matters due to the growing distrust towards the United Kingdom (UK). Injustice, here, is framed in relation to mutual trust which is a prerequisite for cooperation. States’ authorities need to trust that their counterparts will act in a predictable manner according to commonly accepted rules. Lack of trust endangers those areas of law that rely on it. Such distrust stems from growing legal uncertainty and the danger of lowering the standard of protection for asylum seekers. The chapter observes the prolonged uncertainty on the future direction of cooperation that feeds the distrust in whether the UK will act according to commonly accepted rules in relation to the position of asylum seekers. The chapter also observes the danger for the UK to lower the level of human rights protection in this area.