The Right To Seek Refugee Status In The European Union
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The Right To Seek Refugee Status In The European Union
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Author : Sylvie Da Lomba
language : en
Publisher: Intersentia nv
Release Date : 2004
The Right To Seek Refugee Status In The European Union written by Sylvie Da Lomba and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Asylum, Right of categories.
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.
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.
Asylum A Right Denied
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Author : Helen O'Nions
language : en
Publisher: Routledge
Release Date : 2016-04-15
Asylum A Right Denied written by Helen O'Nions and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Political Science categories.
In recent decades, asylum has emerged as a highly politicized European issue. The term ’asylum seeker’ has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international 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?
The Refugee In International Law
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Author : Guy S. Goodwin-Gill
language : en
Publisher: Oxford University Press
Release Date : 2007-03-22
The Refugee In International Law written by Guy S. Goodwin-Gill 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 2007-03-22 with Law categories.
Millions of people today are forced to flee their homes as a result of conflict, systemic discrimination, persecution, and other violations of their human rights. The core instruments on which they must rely to secure international protection are the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, now complemented by international and regional human rights treaties. This book, the leading text in a field where refugee law is now a subject of global importance, examines key challenges to system of international protection, including those arising from within the asylum process, increased controls over the movements of people, and the 'new' concern with security. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition, each chapter has been thoroughly revised and updated, every issue, old and new, has received fresh analysis, and 'complementary' or human rights-based protection is given special attention. Features include: analysis and assessment of developments in interpreting the refugee definition, with particular reference to 'social group', 'exclusion', procedures, and the impact of European Union harmonization initiatives. In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of camps and settlements; the current status in general international law of the fundamental principles of non-refoulement, asylum, and the right to seek asylum; and the extent of protection possibilities in human rights treaties, particularly the European Convention on Human Rights.
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
Seeking Asylum In The European Union
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Author : Céline Bauloz
language : en
Publisher: BRILL
Release Date : 2015-05-19
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 2015-05-19 with Law categories.
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. With a foreword by Professor Hélène Lambert.
Refugees Citizenship And Social Policy In Europe
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Author : A. Bloch
language : en
Publisher: Springer
Release Date : 1999-04-30
Refugees Citizenship And Social Policy In Europe written by A. Bloch and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-04-30 with Social Science categories.
Recently, global and European migration in the post-Cold War world have received much attention. This edited collection is a comprehensive, up-to-date account of the social policies of European welfare states towards refugees and asylum seekers. It also examines the contested boundaries between refugees and asylum seekers and citizenship within European nation states and the European Union.
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.
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.