Fair Immigration Proceedings In Europe
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Fair Immigration Proceedings In Europe
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Author : Pieter Boeles
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-08-14
Fair Immigration Proceedings In Europe written by Pieter Boeles 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 2023-08-14 with Law categories.
Fair Immigration Proceedings in Europe deals with international minimum standards for effective and fair immigration proceedings which apply for the region of the European Union. It is the first study to analyze systematically the impact of a wide range of relevant treaties under the UN, the Council of Europe and the European Union on the quality of national immigration proceedings. As a result, a coherent picture has come to the surface, which, despite several lacunae, gives a surprising view of the acquis of binding obligations on EU Member States in this field. Special attention is given to the greater conventions like the Refugee Convention of Geneva, the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the EC Treaty. Because of its systematic structure, the book is readily accessible for quick consultation. It constitutes an important tool for litigation practice and legislation for civil servants, judges, attorneys and researchers. It will also be of interest to academics because of its analysis of the interaction between minimum norms and equal treatment norms when implemented in municipal law.
Fair Immigration Proceedings In Europe
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Author : Pieter Boeles
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1997-03-27
Fair Immigration Proceedings In Europe written by Pieter Boeles 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 1997-03-27 with Political Science categories.
TABLE OF CASE LAW.
The Right To Fair Trial Under Article 6 Of The European Convention On Human Rights In Immigration Law Cases In Germany The Netherlands Belgium The United Kingdom And Turkey
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Author : Stefan Kirchner
language : en
Publisher: GRIN Verlag
Release Date : 2011-09
The Right To Fair Trial Under Article 6 Of The European Convention On Human Rights In Immigration Law Cases In Germany The Netherlands Belgium The United Kingdom And Turkey written by Stefan Kirchner and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09 with Law categories.
Scientific Essay from the year 2011 in the subject Law - European and International Law, Intellectual Properties, course: Rechtswissenschaft (Völkerrecht), language: English, abstract: Is the right to fair trial applicable to immigration law cases? In this essay, we will see that the situation in Germany, the Netherlands, Belgium, the United Kingdom and Turkey differs significantly from the situation in the other states which are parties to the European Convention on Human Rights (ECHR). It is the aim of this text to provide lawyers in those countries with a short guidance as to how to approach both the European Court of Human Rights but also - and even more importantly - domestic courts with regard to this issue. In particular the high caseload of immigation law courts as well as a lack of knowledge about the Convention make it necessary for practising lawyers to be informed about the rights of their clients. This article is designed as a practical guide and first reference paper for lawyers to assess the prospect of cases dealing with rights of migrants. The first part of this article will deal with ratione loci of the ECHR and its fundamental jurisprudence focusing on the special issues appearing in the context of migration law. In the second part the right to a fair trial under Art. 6 ECHR will be addressed including recent rulings of the Court and fundamental questions regarding the administrative procedure of granting asylum. The final part will be dealing with the rights of asylum seekers in countries which did not ratify Protocol 7 and the consequences this fact entails.
The Treatment Of Immigrants In The European Court Of Human Rights
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Author : Amanda Spalding
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-07-14
The Treatment Of Immigrants In The European Court Of Human Rights written by Amanda Spalding and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-14 with Law categories.
This book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined. This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it will show how effective it has been in countering detention and deportation, if at all. This makes an original contribution to growing focus on 'crimmigration'.
The First Decade Of Eu Migration And Asylum Law
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Author : Elspeth Guild
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-11-25
The First Decade Of Eu Migration And Asylum Law written by Elspeth Guild 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 2011-11-25 with Political Science categories.
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.
Digital Borders And Real Rights
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Author : Evelien Brouwer
language : en
Publisher: BRILL
Release Date : 2008-06-04
Digital Borders And Real Rights written by Evelien Brouwer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-04 with Law categories.
This study describes the Schengen Information System and its implementation in France, Germany, and the Netherlands, and the availability of effective remedies for third-country nationals.
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.
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
The Criminalisation Of Migration In Europe
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Author : Valsamis Mitsilegas
language : en
Publisher: Springer
Release Date : 2014-10-31
The Criminalisation Of Migration In Europe written by Valsamis Mitsilegas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-31 with Law categories.
This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.
The Right To A Fair Trial In International Law
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Author : Amal Clooney
language : en
Publisher: Oxford University Press
Release Date : 2021-02-11
The Right To A Fair Trial In International Law written by Amal Clooney and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.
The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.