Eu Asylum Procedures And The Right To An Effective Remedy

Author : Marcelle Reneman
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253998
Total Pages : 430 pages
Book Rating : 4.90/5 ( download)

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Download or read book EU Asylum Procedures and the Right to an Effective Remedy written by Marcelle Reneman and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Izabella Majcher
Publisher : BRILL
ISBN 13 : 9004360530
Total Pages : 848 pages
Book Rating : 4.32/5 ( download)

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Download or read book The European Union Returns Directive and its Compatibility with International Human Rights Law written by Izabella Majcher and published by BRILL. This book was released on 2019-11-26 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France

Author : Council of Europe. Committee of Ministers
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.54/5 ( download)

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Download or read book The Right of Rejected Asylum Seekers to an Effective Remedy Against Decisions on Expulsion in the Context of Article 3 of the European Convention on Human Rights written by Council of Europe. Committee of Ministers and published by . This book was released on 1999 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommendation no. R (98) 13

Author : Nick Gill
Publisher : Springer
ISBN 13 : 3319947494
Total Pages : 335 pages
Book Rating : 4.95/5 ( download)

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Download or read book Asylum Determination in Europe written by Nick Gill and published by Springer. This book was released on 2018-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Valsamis Mitsilegas
Publisher : BRILL
ISBN 13 : 9004396810
Total Pages : 350 pages
Book Rating : 4.14/5 ( download)

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Download or read book Securitising Asylum Flows written by Valsamis Mitsilegas and published by BRILL. This book was released on 2020-04-20 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Securitising Asylum Flows, the editors have collected contributions that examine the human rights and rule of law challenges posed by the EU response to the so-called ‘refugee crisis’.

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.54/5 ( download)

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Download or read book The Right of Rejected Asylum Seekers to an Effective Remedy Against Decisions on Expulsion in the Context of Article 3 of the European Convention on Human Rights written by and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Violeta Moreno Lax
Publisher : Oxford Studies in European Law
ISBN 13 : 9780198701002
Total Pages : 0 pages
Book Rating : 4.04/5 ( download)

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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.

Author : Kate Ogg
Publisher : Cambridge University Press
ISBN 13 : 1316519732
Total Pages : 233 pages
Book Rating : 4.38/5 ( download)

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Download or read book Protection from Refuge written by Kate Ogg and published by Cambridge University Press. This book was released on 2022-03-24 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first global and comparative study of litigation in which refugees seek protection from a place of ostensible 'refuge'.

Author : Nuala Mole
Publisher :
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.29/5 ( download)

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Download or read book Asylum and the European Convention on Human Rights written by Nuala Mole and published by . This book was released on 2010 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political upheavals, economic reforms, social instability and civil war have all been factors contributing to changes in the mixed flows of migrants both to and within Europe. Many of those in need of international protection are forced to seek it in Europe and the new member states of the enlarged Council of Europe are now also experiencing the arrival of asylum seekers. This revised edition considers the substantial body of case law of the European Court of Human Rights which has examined the compatibility of the Convention with measures taken by states in relation to all aspects of the asylum process. It also observes the role of subsidiary protection offered by the Strasbourg organs in protecting those at risk of prohibited treatment. In addition, the study considers the increasingly relevant provisions of EU law developments in the field, as well as measures taken in the context of terrorist threats both of which have had a significant impact on the practical circumstances and law on refugees and asylum seekers. --back cover.

Author : Madalina Moraru
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922962
Total Pages : 516 pages
Book Rating : 4.63/5 ( download)

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Download or read book Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union written by Madalina Moraru and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.