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Author: Marcelle Reneman
Publisher: Bloomsbury Publishing
ISBN: 1782253998
Category : Law
Languages : en
Pages : 430
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Book Description
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: Marcelle Reneman
Publisher: Bloomsbury Publishing
ISBN: 1782253998
Category : Law
Languages : en
Pages : 430
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Book Description
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: Anne Marcelle Reneman
Publisher:
ISBN:
Category :
Languages : en
Pages : 454
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Izabella Majcher
Publisher: BRILL
ISBN: 9004360530
Category : Law
Languages : en
Pages : 848
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Book Description
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: Dana Baldinger
Publisher: Hotei Publishing
ISBN: 9004290729
Category : Law
Languages : en
Pages : 562
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Book Description
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: Elspeth Guild
Publisher: Martinus Nijhoff Publishers
ISBN: 9004215875
Category : Law
Languages : en
Pages : 501
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Book Description
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.
Author: Council of Europe. Committee of Ministers
Publisher:
ISBN:
Category : Asylum, Right of
Languages : en
Pages : 24
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Book Description
Recommendation no. R (98) 13
Author: Nick Gill
Publisher: Springer
ISBN: 3319947494
Category : Asylum, Right of
Languages : en
Pages : 346
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Book Description
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: Evelien Brouwer
Publisher:
ISBN:
Category :
Languages : en
Pages : 27
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Book Description
Author: Flora A.N.J. Goudappel
Publisher: Springer Science & Business Media
ISBN: 906704802X
Category : Law
Languages : en
Pages : 221
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Book Description
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.
