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

Author: Samantha Velluti

Publisher: Springer Science & Business Media

Published: 2013-09-30

Total Pages: 118

ISBN-13: 3642402674

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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.

Reforming the Common European Asylum System
Reforming the Common European Asylum System

Author: Vincent Chetail

Publisher: BRILL

Published: 2016-02-15

Total Pages: 549

ISBN-13: 9004308660

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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.

Reforming the Common European Asylum System
Reforming the Common European Asylum System

Author: Network Odysseus Academic

Publisher:

Published: 2022-04

Total Pages: 299

ISBN-13: 9783848787258

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Timely and profound collection of high-quality contributions, written by experts from across Europe, on the ongoing policy debate on the reform of Common European Asylum System. Contributions combine an in-depth presentation with a style of argument that addresses a broader audience: fellow academics, students and PhD researchers, practitioners, and political actors. Attention to the legislative detail coincides with an awareness of the broader picture in terms of policy developments, human rights computability, and practical implementation on the ground. The edited volume allows readers to understand the complex rules and to identify overarching challenges defining European asylum policy at this juncture.

The Common European Asylum System
The Common European Asylum System

Author: Olga Ferguson Sidorenko

Publisher: T.M.C. Asser Press

Published: 2007

Total Pages: 0

ISBN-13: 9789067046695

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This book introduces the reader to the Common European Asylum System (CEAS), its background, its law and policy documents as well as its current state and future direction. The CEAS comprises the European Union’s legislation and policy on asylum. Its objective is to attain similar sets of procedures and protection for asylum seekers and refugees in the EU Member States. To assess the current developments of the CEAS, the author took the conclusions of the European Council meeting of Tampere as a yardstick. The implementation of the EU’s asylum legislation in practice was also evaluated. For that purpose the implication of the CEAS at the national level had to be analyzed in at least one of the EU Member States. Slovakia, a new Member State, was chosen as an example because of its geographical position at the external border of the EU and the high number of asylum applicants within its borders. The author analyzes asylum law at two levels: EU law and national law against the background of international law (the 1951 Geneva Convention Relating to the Status of Refugees). The Hague Programme, other policy instruments and the Treaty establishing a Constitution for Europe are also dealt with from an asylum perspective. Finally, a well-balanced critique of the CEAS is given, providing views and expectations concerning its future direction. This book is important for all those who deal with asylum matters, such as practitioners, parliamentarians and NGOs. It serves as a reference for further discussions and studies in the context of the EU, and it will also be useful as a reference work for further EU enlargement and the development of the asylum system. Olga Ferguson Sidorenko is currently employed as an Associate Legal Officer at the International Criminal Tribunal for the Former Yugoslavia. She obtained her law degree in 1998 at the Comenius University in Bratislava, Slovakia, and her doctorate in 2006 at the Erasmus Universiteit Rotterdam, the Netherlands. She lectured in International Law at the Comenius University and in EU Law at the Erasmus Universiteit Rotterdam and the University of Economics Bratislava.

An Introduction to the Common European Asylum System for Courts and Tribunals
An Introduction to the Common European Asylum System for Courts and Tribunals

Author:

Publisher:

Published: 2016

Total Pages: 141

ISBN-13: 9789292438623

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This judicial analysis is the product of a project between IARLJ-Europe and EASO and it forms part of the EASO professional development series for members of courts and tribunals. The analysis is primarily intended for use by members of courts and tribunals of EU Member States concerned with hearing appeals or conducting reviews of decisions on applications for international protection. It aims to assist not only those with little or no experience but also those who have more expertise. As such, it aims to be a useful point of reference for all members of courts and tribunals concerned in the hearing of cases or actions to which the CEAS applies. The structure, format, content and design have, therefore, been developed with this broad audience in mind. The analysis is designed to provide an introduction to the CEAS that assists courts and tribunals in the carrying out of their role and responsibilities in its implementation.^It provides: an overview of the legal basis of the CEAS, including a short background to its establishment; an introductory overview of the CEAS legislative instruments; an introduction to the correct approach as a matter of EU law to interpretation of the legislative provisions of the CEAS, including the important topic of when and how to make referral to the CJEU for an interpretative ruling. The analysis is supported by a compilation of jurisprudence and appendices having a specific bearing on the CEAS. They list not only relevant EU primary and secondary legislation and relevant international treaties of universal and regional scope but also essential case-law of the CJEU, the ECtHR and the courts and tribunals of EU Member States. To ensure that the relevant legislation and case-law is easily and quickly accessible to readers, hyperlinks have been utilised.^Other analyses, which have been or are being developed as part of the professional development series, explore specific areas of the CEAS in greater detail. Hence, the sections in Part 2 which provide an overview of the CEAS legislative instruments are kept relatively short. This analysis, therefore, also constitutes a common point of reference for all judicial analyses comprising the professional development series.

European Asylum Law and International Law
European Asylum Law and International Law

Author: Hemme Battjes

Publisher: BRILL

Published: 2006-05-15

Total Pages: 709

ISBN-13: 9047409426

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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.

The Common European Asylum System
The Common European Asylum System

Author: Olga Ferguson Sidorenko

Publisher: T.M.C. Asser Press

Published: 2007-03-08

Total Pages: 254

ISBN-13: 9789067042369

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Sidorenko analyses and evaluates the state of affairs of the Common European Asylum System (CEAS). The conclusions of the European Council meeting of Tampere are taken as a 'measuring instrument' to assess the current developments of the CEAS. The implementation in practice of the EU asylum legislation is also evaluated. For this purpose, the implications of the CEAS at a national level in an EU Member State are analysed. Slovakia, a new Member State, was chosen as an example due to its geographical location at the EU external border and the high number of asylum applicants present in this country. By examining EU and national asylum law against the background of international law (the 1951 Geneva Convention Relating to the Status of Refugees), a well-balanced critique of the CEAS is offered which provides views and expectations concerning its future direction.

An Introduction to the Common European Asylum System for Courts and Tribunals
An Introduction to the Common European Asylum System for Courts and Tribunals

Author:

Publisher:

Published: 2018

Total Pages: 141

ISBN-13: 9789294760968

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This judicial analysis is the product of a project between IARLJ-Europe and EASO and it forms part of the EASO professional development series for members of courts and tribunals. The analysis is primarily intended for use by members of courts and tribunals of EU Member States concerned with hearing appeals or conducting reviews of decisions on applications for international protection. It aims to assist not only those with little or no experience but also those who have more expertise. As such, it aims to be a useful point of reference for all members of courts and tribunals concerned in the hearing of cases or actions to which the CEAS applies. The structure, format, content and design have, therefore, been developed with this broad audience in mind. The analysis is designed to provide an introduction to the CEAS that assists courts and tribunals in the carrying out of their role and responsibilities in its implementation. It provides: an overview of the legal basis of the CEAS, including a short background to its establishment; an introductory overview of the CEAS legislative instruments; an introduction to the correct approach as a matter of EU law to interpretation of the legislative provisions of the CEAS, including the important topic of when and how to make referral to the CJEU for an interpretative ruling. The analysis is supported by a compilation of jurisprudence and appendices having a specific bearing on the CEAS. They list not only relevant EU primary and secondary legislation and relevant international treaties of universal and regional scope but also essential case-law of the CJEU, the ECtHR and the courts and tribunals of EU Member States. To ensure that the relevant legislation and case-law is easily and quickly accessible to readers, hyperlinks have been utilised. Other analyses, which have been or are being developed as part of the professional development series, explore specific areas of the CEAS in greater detail. Hence, the sections in Part 2 which provide an overview of the CEAS legislative instruments are kept relatively short. This analysis, therefore, also constitutes a common point of reference for all judicial analyses comprising the professional development series.

In the Footsteps of John Marshall
In the Footsteps of John Marshall

Author: Maryellen Fullerton

Publisher:

Published: 2013

Total Pages: 0

ISBN-13:

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The Court of Justice of the European Union and the European Court of Human Rights share with the Marshall Court the reputation (and reality) of being activist institutions. Well aware of the long-term structural implications of many of the disputes before them, they are important drivers of the European project. They have already left their mark on the development of the Common European Asylum System (CEAS) through recent decisions, such as Hirsi Jamaa and Others v. Italy, Germany v. B and D, and Elgafaji v. State Secretary of Justice. These judicial opinions demonstrate that the supra-national European courts are not shy about issuing broad rulings. In stark contrast to the limitations on U.S. judicial power that we are accustomed to in the plenary power doctrine, the European courts do not exhibit substantial deference to executive control of forced migration. Nor do these European judicial opinions resonate with the complex preemption analyses adopted by U.S. courts in their review of state and local challenges to federal immigration power. The Court of Justice of the European Union and the European Court of Human Rights are actively expanding the scope of EU law and, along with it, the right to asylum in Europe.

Fundamental Rights in the EU
Fundamental Rights in the EU

Author: Sonia Morano-Foadi

Publisher: Bloomsbury Publishing

Published: 2015-04-30

Total Pages: 280

ISBN-13: 1782258892

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This collection joins the new and expanding scholarship on the protection of fundamental rights in Europe and reflects on the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book questions whether the changes introduced by the Lisbon Treaty align the CJEU to the ECtHR's interpretation and methods, triggering different processes of institutionalisation within a coherent European system. These issues are explored through a contextual analysis of areas of law such as equality rights in employment law, citizenship and migration, internet law and access to justice. This volume includes perspectives from the scholarly community as well as practitioners, judges and European policy makers. It also examines the state of accession of the EU to the European Convention on Human Rights (ECHR) and considers the legal implications of the interactions of the two courts for the protection of the fundamental rights of EU citizens and individuals legally residing in Europe. The volume is essential reading for practitioners, judges, European policy makers and members of the scholarly community working in this area of law.