Evidence In European Asylum Procedures

Author : Ida Staffans
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900421996X
Total Pages : 306 pages
Book Rating : 4.60/5 ( download)

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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.

Author : Dana Baldinger
Publisher : Hotei Publishing
ISBN 13 : 9004290729
Total Pages : 562 pages
Book Rating : 4.23/5 ( download)

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Download or read book Vertical Judicial Dialogues in Asylum Cases written by Dana Baldinger and published by Hotei Publishing. This book was released on 2015-05-12 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
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 : 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 : Vincent Chetail
Publisher : BRILL
ISBN 13 : 9004308660
Total Pages : 549 pages
Book Rating : 4.64/5 ( download)

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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.

Author : Céline Bauloz
Publisher : BRILL
ISBN 13 : 9004290168
Total Pages : 311 pages
Book Rating : 4.67/5 ( download)

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Download or read book Seeking Asylum in the European Union written by Céline Bauloz and published by BRILL. This book was released on 2015-05-19 with total page 311 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. With a foreword by Professor Hélène Lambert.

Author : Samantha Velluti
Publisher : Springer Science & Business Media
ISBN 13 : 3642402674
Total Pages : 118 pages
Book Rating : 4.78/5 ( download)

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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.

Author : Francesco Cherubini
Publisher : Routledge
ISBN 13 : 1317804457
Total Pages : 300 pages
Book Rating : 4.51/5 ( download)

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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.

Author : Flora A.N.J. Goudappel
Publisher : Springer Science & Business Media
ISBN 13 : 906704802X
Total Pages : 221 pages
Book Rating : 4.26/5 ( download)

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Download or read book The Future of Asylum in the European Union written by Flora A.N.J. Goudappel and published by Springer Science & Business Media. This book was released on 2011-08-31 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on a conference on the future of the European asylum policy at Erasmus School of Law in Rotterdam, the Netherlands. After a challenge set by the Dutch State Secretary for Justice, Ms Nebahat Albayrak, the contributions to this book focus on human rights aspects of the European asylum policy and the way the EU Member States need to cooperate in the future in order to reach results. The authors are scholars, policy makers and representatives of NGOs. In this way, many different aspects of the problems are put forward. In the introduction and the conclusion the editors evaluate the results of this broad cooperation. Valuable for academics, practitioners, policymakers and NGO’s involved with European asylum policy issues.

Author : Helen O'Nions
Publisher : Routledge
ISBN 13 : 1317177762
Total Pages : 270 pages
Book Rating : 4.60/5 ( download)

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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.