Protection In European Union Asylum Law


 Protection In European Union Asylum Law
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Protection In European Union Asylum Law


 Protection In European Union Asylum Law
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Author : Julian Lehmann
language : en
Publisher: BRILL
Release Date : 2020-09-25

Protection In European Union Asylum Law written by Julian Lehmann and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-25 with Law categories.


Asylum law in the European Union is ripe with caveats that allow for rejecting asylum applications due to ‘protection’ received in the home country or another location. Yet, when is ‘protection’ strong enough to make denying an application lawful?



Eu Immigration And Asylum Law Text And Commentary Second Revised Edition


Eu Immigration And Asylum Law Text And Commentary Second Revised Edition
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Author : Steve Peers
language : en
Publisher: Hotei Publishing
Release Date : 2015-04-14

Eu Immigration And Asylum Law Text And Commentary Second Revised Edition written by Steve Peers and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-14 with Law categories.


Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law. The authors of each commentary are academic and practitioner experts in the field of EU immigration law based in the UK, Ireland and the Netherlands. Also available as a set of 3 volumes see isbn 9789004222304



Asylum Law In The European Union


Asylum Law In The European Union
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Author : Francesco Cherubini
language : en
Publisher: Routledge
Release Date : 2014-11-13

Asylum Law In The European Union written by Francesco Cherubini and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-13 with Law categories.


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.



Seeking Asylum In The European Union


Seeking Asylum In The European Union
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Author : Céline Bauloz
language : en
Publisher: BRILL
Release Date : 2015-05-27

Seeking Asylum In The European Union written by Céline Bauloz and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-27 with Law categories.


Seeking Asylum in the European Union provides critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System: the comprehensive recast of European asylum legislation completed in 2013. With a foreword by Professor Hélène Lambert.



New Asylum Countries


New Asylum Countries
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Author : Rosemary Byrne
language : en
Publisher: BRILL
Release Date : 2002-01-01

New Asylum Countries written by Rosemary Byrne and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-01 with Law categories.


How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This volume is about the transformation of asylum in Europe in the context of the EU enlargement process. This transformation involves norms, as well as the procedures and resources for their implementation. In the candidate countries, as in the west, the process of transformations is marked by the tension between the interests of protection and migration control. Through their comprehensive analysis, the authors illuminate the legal and political dynamics which underlie this tension. Chapters trace the complex patterns of national, sub-regional and EU law and policy that are driving the future of asylum in an expanded Europe. This allows for reflection on what the transformation process tells us about the current EU asylum acquis, and what it tells us about the prospects for refugee protection in the new frontier states and beyond. This book is the result of a three year study carried out by academics and practitioners from the candidate countries, current Member States, and international organizations. It explores the evolution of refugee policy and practice in a changing Europe.



The European Union Returns Directive And Its Compatibility With International Human Rights Law


The European Union Returns Directive And Its Compatibility With International Human Rights Law
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Author : Izabella Majcher
language : en
Publisher: BRILL
Release Date : 2019-11-26

The European Union Returns Directive And Its Compatibility With International Human Rights Law written by Izabella Majcher and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Law categories.


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



European Asylum Law And International Law


European Asylum Law And International Law
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Author : Hemme Battjes
language : en
Publisher: BRILL
Release Date : 2006-05-15

European Asylum Law And International Law written by Hemme Battjes and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-05-15 with Law categories.


This volume offers, besides an in-depth study of the relation between European and international asylum law, a practical manual for European asylum law. It discusses content and meaning of all Community regulations and directives on asylum, as well as their possible use (and reliability) in domestic proceedings.



Reforming The Common European Asylum System


Reforming The Common European Asylum System
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Author : Vincent Chetail
language : en
Publisher: BRILL
Release Date : 2016-02-25

Reforming The Common European Asylum System written by Vincent Chetail and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-25 with Law categories.


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.



The Future Of Asylum In The European Union


The Future Of Asylum In The European Union
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Author : Flora A.N.J. Goudappel
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-08-31

The Future Of Asylum In The European Union written by Flora A.N.J. Goudappel and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-31 with Law categories.


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.



Reforming The Common European Asylum System Legislative Developments And Judicial Activism Of The European Courts


Reforming The Common European Asylum System Legislative Developments And Judicial Activism Of The European Courts
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Author : Samantha Velluti
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-09-30

Reforming The Common European Asylum System Legislative Developments And Judicial Activism Of The European Courts written by Samantha Velluti and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-30 with Law categories.


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.