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Reforming The Common European Asylum System Legislative Developments And Judicial Activism Of The European Courts
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Book Synopsis Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts by : Samantha Velluti
Download or read book Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts written by Samantha Velluti and published by Springer Science & Business Media. This book was released on 2013-09-30 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Reforming the Common European Asylum System by : Vincent Chetail
Download or read book Reforming the Common European Asylum System written by Vincent Chetail and published by BRILL. This book was released on 2016-02-25 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. It provides a comprehensive and critical account of the recast instruments governing asylum law in the European Union.
Book Synopsis Reforming the Common European Asylum System by : Network Odysseus Academic
Download or read book Reforming the Common European Asylum System written by Network Odysseus Academic and published by . This book was released on 2022-04 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Timely and profound collection of high-quality contributions, written by experts from across Europe, on the ongoing policy debate on the reform of Common European Asylum System. Contributions combine an in-depth presentation with a style of argument that addresses a broader audience: fellow academics, students and PhD researchers, practitioners, and political actors. Attention to the legislative detail coincides with an awareness of the broader picture in terms of policy developments, human rights computability, and practical implementation on the ground. The edited volume allows readers to understand the complex rules and to identify overarching challenges defining European asylum policy at this juncture.
Book Synopsis The Common European Asylum System by : Olga Ferguson Sidorenko
Download or read book The Common European Asylum System written by Olga Ferguson Sidorenko and published by T.M.C. Asser Press. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces the reader to the Common European Asylum System (CEAS), its background, its law and policy documents as well as its current state and future direction. The CEAS comprises the European Union’s legislation and policy on asylum. Its objective is to attain similar sets of procedures and protection for asylum seekers and refugees in the EU Member States. To assess the current developments of the CEAS, the author took the conclusions of the European Council meeting of Tampere as a yardstick. The implementation of the EU’s asylum legislation in practice was also evaluated. For that purpose the implication of the CEAS at the national level had to be analyzed in at least one of the EU Member States. Slovakia, a new Member State, was chosen as an example because of its geographical position at the external border of the EU and the high number of asylum applicants within its borders. The author analyzes asylum law at two levels: EU law and national law against the background of international law (the 1951 Geneva Convention Relating to the Status of Refugees). The Hague Programme, other policy instruments and the Treaty establishing a Constitution for Europe are also dealt with from an asylum perspective. Finally, a well-balanced critique of the CEAS is given, providing views and expectations concerning its future direction. This book is important for all those who deal with asylum matters, such as practitioners, parliamentarians and NGOs. It serves as a reference for further discussions and studies in the context of the EU, and it will also be useful as a reference work for further EU enlargement and the development of the asylum system. Olga Ferguson Sidorenko is currently employed as an Associate Legal Officer at the International Criminal Tribunal for the Former Yugoslavia. She obtained her law degree in 1998 at the Comenius University in Bratislava, Slovakia, and her doctorate in 2006 at the Erasmus Universiteit Rotterdam, the Netherlands. She lectured in International Law at the Comenius University and in EU Law at the Erasmus Universiteit Rotterdam and the University of Economics Bratislava.
Book Synopsis The Common European Asylum System by : Olga Ferguson Sidorenko
Download or read book The Common European Asylum System written by Olga Ferguson Sidorenko and published by T.M.C. Asser Press. This book was released on 2007-03-08 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sidorenko analyses and evaluates the state of affairs of the Common European Asylum System (CEAS). The conclusions of the European Council meeting of Tampere are taken as a 'measuring instrument' to assess the current developments of the CEAS. The implementation in practice of the EU asylum legislation is also evaluated. For this purpose, the implications of the CEAS at a national level in an EU Member State are analysed. Slovakia, a new Member State, was chosen as an example due to its geographical location at the EU external border and the high number of asylum applicants present in this country. By examining EU and national asylum law against the background of international law (the 1951 Geneva Convention Relating to the Status of Refugees), a well-balanced critique of the CEAS is offered which provides views and expectations concerning its future direction.
Book Synopsis Seeking Asylum in the European Union by : Céline Bauloz
Download or read book Seeking Asylum in the European Union written by Céline Bauloz and published by BRILL. This book was released on 2015-05-27 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seeking Asylum in the European Union provides critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System: the comprehensive recast of European asylum legislation completed in 2013. With a foreword by Professor Hélène Lambert.
Book Synopsis Fundamental Rights in the EU by : Sonia Morano-Foadi
Download or read book Fundamental Rights in the EU written by Sonia Morano-Foadi and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection joins the new and expanding scholarship on the protection of fundamental rights in Europe and reflects on the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book questions whether the changes introduced by the Lisbon Treaty align the CJEU to the ECtHR's interpretation and methods, triggering different processes of institutionalisation within a coherent European system. These issues are explored through a contextual analysis of areas of law such as equality rights in employment law, citizenship and migration, internet law and access to justice. This volume includes perspectives from the scholarly community as well as practitioners, judges and European policy makers. It also examines the state of accession of the EU to the European Convention on Human Rights (ECHR) and considers the legal implications of the interactions of the two courts for the protection of the fundamental rights of EU citizens and individuals legally residing in Europe. The volume is essential reading for practitioners, judges, European policy makers and members of the scholarly community working in this area of law.
Book Synopsis Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice by : Ermioni Xanthopoulou
Download or read book Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice written by Ermioni Xanthopoulou and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.
Book Synopsis New Europe - Old Values? by : Nada Bodiroga-Vukobrat
Download or read book New Europe - Old Values? written by Nada Bodiroga-Vukobrat and published by Springer. This book was released on 2015-11-17 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the reactions to Europeanization and globalization in times of economic distress, including the transformation of European values in national legal cultures. The authors explore how European values, tradition and new legal challenges interconnect and dictate the paths of transition between old and new Europe. The first chapter starts with a question: can Roman Legal Tradition play a role of identity factor towards a New Europe? Can it be considered as a general value identifying new Europe, built on a minimum core of principles – persona, dominum, obligation, contract and inheritance – composing the whole European private law tradition? Subsequent chapters attempt to provide possible responses to the question: what is Europe today? The answers diverge, depending on the research area. The inherent dichotomy of human rights protection in Europe and the concept of ‘one law, one court’ are investigated in the second chapter, whereas the third chapter focuses on asylum and the interrelation and interdependence of the Court of Justice of the EU and the European Court of Human Rights. The next three chapters concentrate on matters of equal treatment and non-discrimination. The first contribution in this part reflects on the crisis and methodological and conceptual issues faced by modern anti-discrimination law. It is followed by a specific analysis of the empowerment of women or gender-balancing in company boards. The third contribution reveals the impact of the Croatian anti-discrimination law on private law relations. The next chapter deals with the issue of social rights in Croatia and the method of their regulation in the context of the new European values. The immense challenges posed by the market integration imperative and democratic transition have brought about different reactions in the national legal systems and legal cultures of both old and new Member States. As such, Europe has effectively been reunited, but what about the convergence of national legal cultures? This is the focal point of the remaining chapters, which focus on various issues, from internal market, competition law, consumer welfare, liberalization of network industries to the EU capital market. The magnitude of EU activity in these areas offers conclusive evidence that old and new paradigms are evolving and shaping the future of the EU.
Book Synopsis The International Legal Protection of Persons in Humanitarian Crises by : Dug Cubie
Download or read book The International Legal Protection of Persons in Humanitarian Crises written by Dug Cubie and published by Bloomsbury Publishing. This book was released on 2017-04-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The instinctual desire to support those in need, irrespective of geographic, cultural or religious links, is both facilitated and overwhelmed by the extent of information now available about the multiple humanitarian crises which occur on a daily basis around the world. Behind the images of devastating floods and earthquakes, or massive forced displacements resulting from armed conflicts, is the all too real suffering faced by individuals and families. From the 2004 Indian Ocean Tsunami to the on-going conflict in Syria, recent years have seen an increasing debate regarding the international legal mechanisms to protect persons in such humanitarian crises. The International Legal Protection of Persons in Humanitarian Crises argues that an acquis humanitaire is identifiable through the interconnected web of existing and emerging international, regional and national laws, policies and practices for the protection of persons caught up in humanitarian crises. Indeed, the humanitarian imperative to alleviate suffering wherever it may be found permeates various branches of international law, and is reflected in the extensive humanitarian activities undertaken by States and other actors in times of armed conflict, population displacement and disaster. Dug Cubie argues that by clarifying the conceptual framework and normative content of the acquis humanitaire, gaps and lacunae can be identified and the overall protection of persons strengthened.
Download or read book On Brexit written by Tawhida Ahmed and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Timely and engaging, this topical book examines how Brexit is intertwined with the concepts of justice and injustice. Legal scholars across a range of subjects and disciplines utilise a multitude of case studies from consumer law, asylum law, legal theory, public law and private law, in order to explore the impact of Brexit on our ideas of justice. The book as a whole aims to engage with the methodology, lexicon and explicitness of analytical perspectives in relation to Brexit.
Book Synopsis The Evolving Psyche of Law in Europe by : Magdalena Smieszek
Download or read book The Evolving Psyche of Law in Europe written by Magdalena Smieszek and published by Springer Nature. This book was released on 2021-06-04 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book applies an interdisciplinary analytical framework, based on social psychology theories of inclusion and exclusion, to a discussion of legal discourse and the development of legal frameworks in Europe concerning migrants, asylum seekers, refugees, and European citizens. It adopts a psycho-historical perspective to discuss the evolution of international and European law with regard to the rights of citizens and asylum-seeking non-citizens, from the law’s inception following the Second World War up to present-day laws and policies. The book reveals the embracing of a European identity based on human rights as the common feature in European treaties and institutions, one that is focused on European citizens and has inclusionary objectives. However, a cognitive dissonance can also be found, as this common identity-making runs counter to national proclivities, as well as securitized, threat-perception-oriented perspectives that can produce exclusionary manifestations concerning persons seeking asylum. In particular, a view of inclusion and exclusion via legal categorizations of status, as well as distributions of social and economic rights, draws attention to the links between social psychology and international law. What emerges in the analysis: a process of creating value is present both at its psychological roots and the expressions of value in the law. Fundamentally speaking, the emergence of laws and policies that center on human beings and human dignity, when understood from a psychological and emotion-based perspective, has the potential to transcend the dissonances identified.
Book Synopsis The Human Face of the European Union by : Nuno Ferreira
Download or read book The Human Face of the European Union written by Nuno Ferreira and published by Cambridge University Press. This book was released on 2016-08-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title assesses EU law and policy using a novel and alternative framework based on the notion of humaneness.
Book Synopsis Research Handbook on Human Rights and Poverty by : Martha F. Davis
Download or read book Research Handbook on Human Rights and Poverty written by Martha F. Davis and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights.
Book Synopsis Solidarity in EU Law by : Andrea Biondi
Download or read book Solidarity in EU Law written by Andrea Biondi and published by Edward Elgar Publishing. This book was released on 2018 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.
Book Synopsis The European Union as an Area of Freedom, Security and Justice by : Maria Fletcher
Download or read book The European Union as an Area of Freedom, Security and Justice written by Maria Fletcher and published by Routledge. This book was released on 2016-11-25 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
Book Synopsis Demanding Rights by : Moritz Baumgärtel
Download or read book Demanding Rights written by Moritz Baumgärtel and published by Cambridge University Press. This book was released on 2019-05-09 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates and reconsiders how the human rights of vulnerable migrants are protected through Europe's supranational courts.
