-PDF Download- Reforming The Common European Asylum System Legislative Developments And Judicial Activism Of The European Courts EBOOK

Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts

Author: Samantha Velluti

Publisher: Springer Science & Business Media

Published: 2013-09-30

Total Pages: 118

ISBN-13: 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.

Reforming the Common European Asylum System

Author: Vincent Chetail

Publisher: BRILL

Published: 2016-02-15

Total Pages: 549

ISBN-13: 9004308660

DOWNLOAD EBOOK →

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.

Reforming the Common European Asylum System

Author: Network Odysseus Academic

Publisher:

Published: 2022-04

Total Pages: 299

ISBN-13: 9783848787258

DOWNLOAD EBOOK →

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.

The Common European Asylum System

Author: Olga Ferguson Sidorenko

Publisher: T.M.C. Asser Press

Published: 2007

Total Pages: 0

ISBN-13: 9789067046695

DOWNLOAD EBOOK →

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.

An Introduction to the Common European Asylum System for Courts and Tribunals

Author:

Publisher:

Published: 2016

Total Pages: 141

ISBN-13: 9789292438623

DOWNLOAD EBOOK →

This judicial analysis is the product of a project between IARLJ-Europe and EASO and it forms part of the EASO professional development series for members of courts and tribunals. The analysis is primarily intended for use by members of courts and tribunals of EU Member States concerned with hearing appeals or conducting reviews of decisions on applications for international protection. It aims to assist not only those with little or no experience but also those who have more expertise. As such, it aims to be a useful point of reference for all members of courts and tribunals concerned in the hearing of cases or actions to which the CEAS applies. The structure, format, content and design have, therefore, been developed with this broad audience in mind. The analysis is designed to provide an introduction to the CEAS that assists courts and tribunals in the carrying out of their role and responsibilities in its implementation.^It provides: an overview of the legal basis of the CEAS, including a short background to its establishment; an introductory overview of the CEAS legislative instruments; an introduction to the correct approach as a matter of EU law to interpretation of the legislative provisions of the CEAS, including the important topic of when and how to make referral to the CJEU for an interpretative ruling. The analysis is supported by a compilation of jurisprudence and appendices having a specific bearing on the CEAS. They list not only relevant EU primary and secondary legislation and relevant international treaties of universal and regional scope but also essential case-law of the CJEU, the ECtHR and the courts and tribunals of EU Member States. To ensure that the relevant legislation and case-law is easily and quickly accessible to readers, hyperlinks have been utilised.^Other analyses, which have been or are being developed as part of the professional development series, explore specific areas of the CEAS in greater detail. Hence, the sections in Part 2 which provide an overview of the CEAS legislative instruments are kept relatively short. This analysis, therefore, also constitutes a common point of reference for all judicial analyses comprising the professional development series.

An Introduction to the Common European Asylum System for Courts and Tribunals

Author:

Publisher:

Published: 2018

Total Pages: 141

ISBN-13: 9789294760968

DOWNLOAD EBOOK →

This judicial analysis is the product of a project between IARLJ-Europe and EASO and it forms part of the EASO professional development series for members of courts and tribunals. The analysis is primarily intended for use by members of courts and tribunals of EU Member States concerned with hearing appeals or conducting reviews of decisions on applications for international protection. It aims to assist not only those with little or no experience but also those who have more expertise. As such, it aims to be a useful point of reference for all members of courts and tribunals concerned in the hearing of cases or actions to which the CEAS applies. The structure, format, content and design have, therefore, been developed with this broad audience in mind. The analysis is designed to provide an introduction to the CEAS that assists courts and tribunals in the carrying out of their role and responsibilities in its implementation. It provides: an overview of the legal basis of the CEAS, including a short background to its establishment; an introductory overview of the CEAS legislative instruments; an introduction to the correct approach as a matter of EU law to interpretation of the legislative provisions of the CEAS, including the important topic of when and how to make referral to the CJEU for an interpretative ruling. The analysis is supported by a compilation of jurisprudence and appendices having a specific bearing on the CEAS. They list not only relevant EU primary and secondary legislation and relevant international treaties of universal and regional scope but also essential case-law of the CJEU, the ECtHR and the courts and tribunals of EU Member States. To ensure that the relevant legislation and case-law is easily and quickly accessible to readers, hyperlinks have been utilised. Other analyses, which have been or are being developed as part of the professional development series, explore specific areas of the CEAS in greater detail. Hence, the sections in Part 2 which provide an overview of the CEAS legislative instruments are kept relatively short. This analysis, therefore, also constitutes a common point of reference for all judicial analyses comprising the professional development series.

Fundamental Rights in the EU

Author: Sonia Morano-Foadi

Publisher: Bloomsbury Publishing

Published: 2015-04-30

Total Pages: 280

ISBN-13: 1782258892

DOWNLOAD EBOOK →

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.

Seeking Asylum in the European Union

Author: Céline Bauloz

Publisher: BRILL

Published: 2015-05-19

Total Pages: 311

ISBN-13: 9004290168

DOWNLOAD EBOOK →

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.

Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice

Author: Ermioni Xanthopoulou

Publisher: Bloomsbury Publishing

Published: 2020-04-30

Total Pages: 249

ISBN-13: 1509922261

DOWNLOAD EBOOK →

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.

New Europe - Old Values?

Author: Nada Bodiroga-Vukobrat

Publisher: Springer

Published: 2015-11-17

Total Pages: 291

ISBN-13: 331902213X

DOWNLOAD EBOOK →

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.