Evidence In European Asylum Procedures
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Author | : Ida Staffans |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 305 |
Release | : 2012-04-19 |
Genre | : Law |
ISBN | : 9004219994 |
Evidentiary assessment holds a central position in all forms of judicial decision-making. Also the asylum procedure is dependent on solutions made in theory and practice regarding evidentiary issues. This book explores the particular framework of evidentiary assessment in selected European appellate asylum procedures and discusses the relationship between these procedures, on the one hand, and between these procedures and other legal systems, including the EU legal order, on the other. Conclusions are made regarding the similarities and differences between the German, English and Finnish asylum procedures and the position and impact of European legal norms on the national procedures. The book further discusses possibilities for harmonization and the future work towards a Common European Asylum System.
Author | : Dana Baldinger |
Publisher | : Hotei Publishing |
Total Pages | : 562 |
Release | : 2015-05-12 |
Genre | : Law |
ISBN | : 9004290729 |
What do international and EU law require from the national asylum judge with regard to the intensity of judicial scrutiny to be applied and evidentiary issues? To answer that question, an analysis is made of the provisions on national judicial proceedings contained in the Refugee Convention (RC), the International Covenant on Civil and Political Rights (ICCPR), the UN Convention against Torture (CAT), the European Convention on Human Rights (ECHR), and the EU Charter of Fundamental Rights. In addition, the assessment as performed by the UN Human Rights Committee, the UN Committee against Torture and the European Court of Human Rights in cases concerning the expulsion of asylum seekers is analysed.
Author | : Marcelle Reneman |
Publisher | : Bloomsbury Publishing |
Total Pages | : 430 |
Release | : 2014-12-01 |
Genre | : Law |
ISBN | : 1782253998 |
Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005 and recast in 2013. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.
Author | : Céline Bauloz |
Publisher | : BRILL |
Total Pages | : 311 |
Release | : 2015-05-19 |
Genre | : Law |
ISBN | : 9004290168 |
Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States. With a foreword by Professor Hélène Lambert.
Author | : Hemme Battjes |
Publisher | : BRILL |
Total Pages | : 709 |
Release | : 2006-05-15 |
Genre | : Law |
ISBN | : 9047409426 |
This volume offers, besides an in-depth study of the relation between European and international asylum law, a practical manual for European asylum law. It discusses content and meaning of all Community regulations and directives on asylum, as well as their possible use (and reliability) in domestic proceedings.
Author | : Nick Gill |
Publisher | : Springer |
Total Pages | : 335 |
Release | : 2018-01-01 |
Genre | : Asylum, Right of |
ISBN | : 3319947494 |
Drawing on new research material from ten European countries, Asylum Determination in Europe: Ethnographic Perspectives brings together a range of detailed accounts of the legal and bureaucratic processes by which asylum claims are decided.The book includes a legal overview of European asylum determination procedures, followed by sections on the diverse actors involved, the means by which they communicate, and the ways in which they make life and death decisions on a daily basis. It offers a contextually rich account that moves beyond doctrinal law to uncover the gaps and variances between formal policy and legislation, and law as actually practiced. The contributors employ a variety of disciplinary perspectives - sociological, anthropological, geographical and linguistic - but are united in their use of an ethnographic methodological approach. Through this lens, the book captures the confusion, improvisation, inconsistency, complexity and emotional turmoil inherent to the process of claiming asylum in Europe.
Author | : Samantha Velluti |
Publisher | : Springer Science & Business Media |
Total Pages | : 118 |
Release | : 2013-09-30 |
Genre | : Law |
ISBN | : 3642402674 |
In June 2013, after lengthy and complex negotiations the EU adopted the recast “asylum package” which represents a significant step forward in the future development of CEAS. In this timely study Velluti provides fresh insights into recent legislative and judicial developments in asylum and through the “lens” of sovereignty she looks at some of the contemporary challenges faced by the EU protection regime, with a particular focus on asylum-seekers’ rights. The volume assesses whether the EU provides an adequate framework for protecting those seeking international protection from the opposing perspectives of effectiveness and fairness. It shows that, despite the newly adopted “second-generation” legislative acts which include changes aimed at ensuring a stronger level of protection for asylum-seekers, the reform process at European level does not adequately ensure an equal standard of protection across all Member States. Through a comparative analysis of selected ECtHR and ECJ asylum cases the book also examines the constitutional relationship between the two European Courts and how it impacts on the human rights of asylum-seekers and on the future of EU asylum law. Ultimately, the book shows that real progress in the development of the human rights dimension of CEAS will be achieved largely through the European and domestic courts.
Author | : Ida Staffans |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 306 |
Release | : 2012-04-19 |
Genre | : Law |
ISBN | : 900421996X |
This book focuses on three European asylum procedures and the evidentiary assessment carried out in these. The interrelationship between these procedures and legal systems influencing them is explored and questions in relation to the harmonizing strivings of EU are posed.
Author | : Vincent Chetail |
Publisher | : BRILL |
Total Pages | : 549 |
Release | : 2016-02-15 |
Genre | : Law |
ISBN | : 9004308660 |
This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union. This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.
Author | : Francesco Cherubini |
Publisher | : Routledge |
Total Pages | : 300 |
Release | : 2014-11-13 |
Genre | : Law |
ISBN | : 1317804457 |
This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.