Evidence In European Asylum Procedures
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Evidence In European Asylum Procedures
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Author : Ida Staffans
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-04-19
Evidence In European Asylum Procedures written by Ida Staffans and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-19 with Law categories.
Evidentiary assessment holds a central position in all forms of judicial decision-making. Also the asylum procedure is dependent on solutions made in theory and practice regarding evidentiary issues. This book explores the particular framework of evidentiary assessment in selected European appellate asylum procedures and discusses the relationship between these procedures, on the one hand, and between these procedures and other legal systems, including the EU legal order, on the other. Conclusions are made regarding the similarities and differences between the German, English and Finnish asylum procedures and the position and impact of European legal norms on the national procedures. The book further discusses possibilities for harmonization and the future work towards a Common European Asylum System.
Vertical Judicial Dialogues In Asylum Cases
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Author : Dana Baldinger
language : en
Publisher: Hotei Publishing
Release Date : 2015-05-12
Vertical Judicial Dialogues In Asylum Cases written by Dana Baldinger and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-12 with Law categories.
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.
Eu Asylum Procedures And The Right To An Effective Remedy
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Author : Marcelle Reneman
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Eu Asylum Procedures And The Right To An Effective Remedy written by Marcelle Reneman and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
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.
Proof Evidentiary Assessment And Credibility In Asylum Procedures The Raoul Wallenberg Institute Human Rights Library
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Author : Gregor Noll
language : en
Publisher:
Release Date : 2005
Proof Evidentiary Assessment And Credibility In Asylum Procedures The Raoul Wallenberg Institute Human Rights Library written by Gregor Noll and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Today, a majority of asylum cases are arguably decided on the basis of evidentiary assessment rather than issues of material law. Although the EU-wide Common European Asylum System purports to harmonise domestic practices at a minimum level, it fails to offer remedies for this crucial issue, which poses challenges for practitioners and academics alike. Without a coherent approach to evidentiary assessment, asylum law will remain fragmented and open to discretionary excess. Up to now, academic research has not addressed issues of proof and credibility in the asylum procedure to an extent reflecting its practical importance. This edited volume attempts to fill the void. Academic experts on the theory of evidence, international criminal law, human rights law, refugee law, sociology of law and psychology have contributed chapters exploring both empirical and normative dimensions of evidentiary assessment. Drawing on the results of a 12-month research project within the framework of the Refugee Research Programme and of three interdisciplinary expert conferences held at the Danish Centre for Human Rights, Copenhagen, the Institute for International Integration Studies, Dublin, and the Faculty of Law, Lund, this volume sets new parameters for an informed debate on evidence in asylum cases.
Asylum Determination In Europe
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Author : Nick Gill
language : en
Publisher: Springer
Release Date : 2018-01-01
Asylum Determination In Europe written by Nick Gill and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-01 with Asylum, Right of categories.
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.
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.
Asylum Procedures Versus Human Rights
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Author : Joukje van Rooij
language : en
Publisher:
Release Date : 2004
Asylum Procedures Versus Human Rights written by Joukje van Rooij and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Asylum, Right of categories.
Reforming The Common European Asylum System
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Author : Vincent Chetail
language : en
Publisher: BRILL
Release Date : 2016-02-15
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 2016-02-15 with Law categories.
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.
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.
Rigorous Scrutiny Versus Marginal Review
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Author : Dana Baldinger
language : en
Publisher:
Release Date : 2013
Rigorous Scrutiny Versus Marginal Review written by Dana Baldinger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Asylum, Right of categories.
This book explores what international and EU law require from the national asylum judge with regard to the required intensity of the judicial scrutiny to be applied, and with regard to evidentiary issues, such as the standard and burden of proof, the assessment of credibility, the required level of individualisation, the admission and evaluation of evidence, opportunities for presenting evidence and time limits for submitting evidence. To that end, an analysis is made of the provisions on national (judicial) proceedings contained in the Refugee Convention, the International Covenant on Civil and Political Rights, the UN Convention against Torture, the European Convention on Human Rights, the Charter of Fundamental Rights of the EU and a number of secondary EU law instruments, such as the EU Qualification Directive and the EU Asylum Procedures Directive, with a particular focus on issues of evidence and judicial scrutiny.