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The Common European Asylum System
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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 2016-02-15 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 118 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 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 International Refugee Law. This book was released on 2015 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--Unedited summary from book cover.
Book Synopsis EU Asylum Policies by : Natascha Zaun
Download or read book EU Asylum Policies written by Natascha Zaun and published by Springer. This book was released on 2017-02-22 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a significant lacuna in our understanding of the refugee crisis by analyzing the dynamics that lie behind fifteen years of asylum policies in the European Union. It sheds light on why cooperation has led to reinforced refugee protection on paper but has failed to provide it in practice. Offering innovative empirical, theoretical and methodological research on this crucial topic, it argues that the different asylum systems and priorities of the various Member States explain the EU's lack of initiative in responding to this humanitarian emergency. The author demonstrates that the strong regulators of North-Western Europe have used their powerful bargaining positions to shape EU asylum policies decisively, which has allowed them to impose their will on Member States in South-Eastern Europe. These latter countries, having barely made a mark on EU policies, are now facing significant difficulties in implementing them. The EU will only identify potential solutions to the crisis, the author concludes, when it takes these disparities into account and establishes a functioning common refugee policy. This novel work will appeal to students and scholars of politics, immigration and asylum in the EU.
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 European Asylum Law and International Law by : Hemme Battjes
Download or read book European Asylum Law and International Law written by Hemme Battjes and published by BRILL. This book was released on 2006-05-01 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: Community asylum law is becoming ever more essential to asylum law in Europe. But many intricate questions about this new body of law remain to be resolved. Do the Community rules weaken or improve the position of asylum seekers? Would a future Community asylum law have to observe international norms? What role should the Court of Justice play in asylum matters? And does the communautarisation of asylum law affect the possibilities of asylum seekers to approach domestic courts, or the European Court of Human Rights? These and other questions are addressed in this book. It offers, besides an in-depth study of the relation between European and international asylum law, a practical manual for European asylum law. It discusses the content and meaning of all Community regulations and directives on asylum, as well as their possible use (and reliability) in domestic proceedings.
Book Synopsis European Asylum Law and the Rights of the Child by : Ciara Smyth
Download or read book European Asylum Law and the Rights of the Child written by Ciara Smyth and published by Routledge. This book was released on 2014-07-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.
Book Synopsis Accessing Asylum in Europe by : Violeta Moreno Lax
Download or read book Accessing Asylum in Europe written by Violeta Moreno Lax and published by Oxford Studies in European Law. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.
Book Synopsis The First Decade of EU Migration and Asylum Law by : Elspeth Guild
Download or read book The First Decade of EU Migration and Asylum Law written by Elspeth Guild and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than a decade has passed since the appearance of the first issue of the European Journal of Migration and Law, which was established to examine the intertwining of issues of law and migration in the EU. This volume has been compiled to celebrate that anniversary. The journal itself is the basis for the book: authors who have written the most significant contributions for the journal on the relevant issues to the Area of Freedom Security and Justice (AFSJ) have revised and updated their articles in light of current developments. These are supplemented with new chapters on issues which have turned out to be particularly important to the development of the field. The success of the journal has demonstrated the need for informed, independent academic research on the changing nature of immigration and asylum in Europe, and this volume too seeks to meet that need. It offers a unqiue and lively collection of essays covering the field of EU immigration and asylum law from a variety of perspectives.
Book Synopsis Evidence in European Asylum Procedures by : Ida Staffans
Download or read book Evidence in European Asylum Procedures written by Ida Staffans and published by Martinus Nijhoff Publishers. This book was released on 2012-04-19 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Coping with Migrants and Refugees by : Tiziana Caponio
Download or read book Coping with Migrants and Refugees written by Tiziana Caponio and published by Routledge. This book was released on 2022 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides a comparative overview of asylum seekers' reception throughout Europe by adopting a theoretical framework based on an analytical approach to the notion of multilevel governance. It challenges the tendency of the multilevel governance literature to overlook political controversies and conflicts and questions the assumption that it represents the best policymaking arrangement for promoting policy convergence. In doing so, it explores the functioning of the reception component of the Common European Asylum System in centralised states and federal/regional states and analyses its implementation at both national and local levels. The book reveals the heterogeneous development of reception policies not only across Member States but also within each country where solutions adopted at the local level generally diverge substantially. Furthermore, the overall centralization of policymaking on reception regardless the institutional structure, seems to leave little room for MLG arrangements tailored to specific localities and triggers tensions between central governments and local authorities. This book will be of key interest to scholars and students of migration and asylum studies, immigration, (multilevel) global governance and more broadly to comparative politics, European studies/politics, and public policy"--
Book Synopsis Asylum Law in the European Union by : Francesco Cherubini
Download or read book Asylum Law in the European Union written by Francesco Cherubini and published by Routledge. This book was released on 2014-11-13 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis EU Law in Populist Times by : Francesca Bignami
Download or read book EU Law in Populist Times written by Francesca Bignami and published by Cambridge University Press. This book was released on 2020-01-02 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Book Synopsis Asylum - A Right Denied by : Helen O'Nions
Download or read book Asylum - A Right Denied written by Helen O'Nions and published by Routledge. This book was released on 2016-04-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, asylum has emerged as a highly politicized European issue. The term ’asylum seeker’ has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.
Book Synopsis Refugees, Security and the European Union by : Sarah Léonard
Download or read book Refugees, Security and the European Union written by Sarah Léonard and published by Routledge. This book was released on 2019-06-07 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the extent and the modalities of the securitization of asylum-seekers and refugees in the EU. It argues that the development of the EU asylum policy, far from 'securitizing' asylum-seekers and refugees, has led to the strengthening and codification of several rights for these two categories of persons. However, the securitization of terrorism and the links that have been constructed between asylum, irregular migration and terrorism in the wake of the various terrorist attacks that have taken place in Europe in the last few years have had a significant impact on the ability of asylum-seekers to gain access to asylum systems in the EU. From a theoretical point of view, the book develops an original analytical framework that draws upon and further develops security studies – more precisely securitization theory – by connecting it to the literature on policy venues and venue-shopping. It therefore makes a significant contribution to the debates on both securitization and migration. Empirically examining the entire development of the EU’s policy towards asylum-seekers and refugees, from its origins in 1993, this book will be of great interest to students of European and EU politics, refugees, migration, security, terrorism and counter-terrorism, security studies and International Relations.
Book Synopsis The New Asylum and Transit Countries in Europe During and in the Aftermath of the 2015/2016 Crisis by : Vladislava Stoyanova
Download or read book The New Asylum and Transit Countries in Europe During and in the Aftermath of the 2015/2016 Crisis written by Vladislava Stoyanova and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Asylum and Transit Countries in Europe during and in the Aftermath of the 2015/2016 Crisis provides an essential cartography of the state of asylum during the crisis and explores how law shapes and distorts refugee protection practices in frontline states.
Book Synopsis The EU Accession to the ECHR by : Vasiliki Kosta
Download or read book The EU Accession to the ECHR written by Vasiliki Kosta and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
