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Author: Céline Bauloz
Publisher: International Refugee Law
ISBN: 9789004290150
Category : Law
Languages : en
Pages : 297
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Book Description
"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.
Author: Violeta Moreno Lax
Publisher: Oxford Studies in European Law
ISBN: 9780198701002
Category : Law
Languages : en
Pages : 0
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Book Description
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: Francesco Cherubini
Publisher: Routledge
ISBN: 1317804457
Category : Law
Languages : en
Pages : 300
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Book Description
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: Sylvie Da Lomba
Publisher: Intersentia nv
ISBN: 9050953492
Category : Asylum, Right of
Languages : en
Pages : 338
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Book Description
This book measures EC/EU asylum initiatives against international refugee and human rights standards and makes law reform proposals to ensure compliance with international standards. It identifies four areas of concern: the interpretation of the 1951 Convention definition of a refugee; access to asylum procedures; the establishment of fair and effective procedures; and the asylum seekers' status pending the determination of their asylum claims. The author argues that any departure from international standards by the EU and its Member States risks undermining the right to seek refugee status and protection as a humanitarian concept. The author also considers Member states' laws and practices, with special emphasis on the United Kingdom and France. This inclusion reflects the mutual influence that national and European measures exercise on one another and reveals existing discrepancies and tensions between national laws and practices. The author urges the European Union to remain true to its commitment to the Treaty of Amsterdam and its humanitarian tradition and vision.
Author: Hélène Lambert
Publisher: Cambridge University Press
ISBN: 1107041759
Category : Law
Languages : en
Pages : 341
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Book Description
Examination of the worldwide emulation of key norms of European refugee protection through transnational processes and actors.
Author: Julian Lehmann
Publisher: International Refugee Law
ISBN: 9789004430242
Category : Law
Languages : en
Pages : 278
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Book Description
Introduction : why researching the uses of the term 'protection' in EU asylum law -- International protection vs. 'domestic' protection -- Protection against harm -- The internal protection alternative -- Protection in third countries -- Conclusion : what paradigm of protection for EU asylum law?
Author: Hülya Kaya
Publisher: Edward Elgar Publishing
ISBN: 178990921X
Category : Law
Languages : en
Pages : 249
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Book Description
This thought-provoking book critically analyses how the implementation of the EU-Turkey Statement on Refugees affects the rights of refugees and asylum seekers. Bringing together an in-depth examination of both EU and Turkish law and fieldwork data within a theoretical human rights framework, Hülya Kaya discusses the operational realities and failures of the agreement between Turkey and the EU from a socio-legal perspective.
Author: Valsamis Mitsilegas
Publisher: BRILL
ISBN: 9004396810
Category : Law
Languages : en
Pages : 350
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Book Description
Since the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.
Author: Marjolein Brink
Publisher:
ISBN:
Category : Asylum, Right of
Languages : en
Pages : 108
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Book Description
Author: Hne Lambert
Publisher: Routledge
ISBN: 1351562215
Category : History
Languages : en
Pages : 554
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Book Description
The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.
Author: Ciara Smyth
Publisher: Routledge
ISBN: 113512020X
Category : Law
Languages : en
Pages : 262
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Book Description
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.
