European Asylum Law And International Law

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European Asylum Law And International Law

Author : Hemme Battjes
Publisher : Martinus Nijhoff Publishers
Page : 710 pages
File Size : 47,8 Mb
Release : 2006
Category : Law
ISBN : 9789004150874

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European Asylum Law And International Law by Hemme Battjes Pdf

Community asylum law is becoming ever more essential to asylum law in Europe. But many intricate questions about this new body of law remain to be resolved. Do the Community rules weaken or improve the position of asylum seekers? Would a future Community asylum law have to observe international norms? What role should the Court of Justice play in asylum matters? And does the communautarisation of asylum law affect the possibilities of asylum seekers to approach domestic courts, or the European Court of Human Rights? These and other questions are addressed in this book. It offers, besides an in-depth study of the relation between European and international asylum law, a practical manual for European asylum law. It discusses the content and meaning of all Community regulations and directives on asylum, as well as their possible use (and reliability) in domestic proceedings.

EU Immigration and Asylum Law (Text and Commentary): Second Revised Edition

Author : Steve Peers,Violeta Moreno-Lax,Madeline Garlick,Elspeth Guild
Publisher : Hotei Publishing
Page : 681 pages
File Size : 44,9 Mb
Release : 2015-04-14
Category : Law
ISBN : 9789004222397

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EU Immigration and Asylum Law (Text and Commentary): Second Revised Edition by Steve Peers,Violeta Moreno-Lax,Madeline Garlick,Elspeth Guild Pdf

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

Author : Francesco Cherubini
Publisher : Routledge
Page : 300 pages
File Size : 48,7 Mb
Release : 2014-11-13
Category : Law
ISBN : 9781317804451

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Asylum Law in the European Union by Francesco Cherubini Pdf

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.

‘Protection’ in European Union Asylum Law

Author : Julian Lehmann
Publisher : BRILL
Page : 304 pages
File Size : 45,9 Mb
Release : 2020-09-25
Category : Law
ISBN : 9789004430396

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‘Protection’ in European Union Asylum Law by Julian Lehmann Pdf

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?

European Asylum Law and the Rights of the Child

Author : Ciara Smyth
Publisher : Routledge
Page : 262 pages
File Size : 46,9 Mb
Release : 2014-07-11
Category : Law
ISBN : 9781135120207

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European Asylum Law and the Rights of the Child by Ciara Smyth Pdf

The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.

Reforming the Common European Asylum System

Author : Vincent Chetail,Philippe De Bruycker,Francesco Maiani
Publisher : BRILL
Page : 549 pages
File Size : 42,7 Mb
Release : 2016-02-25
Category : Law
ISBN : 9789004308664

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Reforming the Common European Asylum System by Vincent Chetail,Philippe De Bruycker,Francesco Maiani Pdf

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.

Eu Immigration And Asylum Law

Author : Steven Peers,Nicholas Rogers
Publisher : Martinus Nijhoff Publishers
Page : 1048 pages
File Size : 55,8 Mb
Release : 2006
Category : Political Science
ISBN : 9789004153745

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Eu Immigration And Asylum Law by Steven Peers,Nicholas Rogers Pdf

Since entry into force of the Treaty of Amsterdam on 1 May 1999, the EU has considered, and in many cases adopted, many proposals for legislation or measures implementing legislation in the area of immigration and asylum law. These measures run the gamut from highly technical operational matters to broad measures covering basic aspects of immigration and asylum law. Between them, the proposed or adopted measures cover virtually every possible issue in relation to immigration or asylum. This book contains the text of and commentary upon a large number of these measures proposed or adopted up until 1 January 2006, including all of the most important ones. It also includes the text of the key measures concerning asylum, legal migration and irregular migration. A full list of the measures with references to their legislative history is provided. The authors of each commentary are experts in the field of EU immigration and asylum law, and the areas covered include visa and border controls, asylum, legal migration and integration, and irregular migration.

EU Immigration and Asylum Law (Text and Commentary): Second Revised Edition

Author : Steve Peers,Elspeth Guild,Jonathan Tomkin,Diego Acosta Arcarazo,Kees Groenendijk,Violeta Moreno-Lax
Publisher : Martinus Nijhoff Publishers
Page : 600 pages
File Size : 48,5 Mb
Release : 2012-07-25
Category : Law
ISBN : 9789004222236

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EU Immigration and Asylum Law (Text and Commentary): Second Revised Edition by Steve Peers,Elspeth Guild,Jonathan Tomkin,Diego Acosta Arcarazo,Kees Groenendijk,Violeta Moreno-Lax Pdf

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.

Research Handbook on International Law and Migration

Author : Vincent Chetail,Céline Bauloz
Publisher : Edward Elgar Publishing
Page : 707 pages
File Size : 45,6 Mb
Release : 2014-03-28
Category : Law
ISBN : 9780857930057

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Research Handbook on International Law and Migration by Vincent Chetail,Céline Bauloz Pdf

Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strat

The Global Reach of European Refugee Law

Author : Hélène Lambert,Jane McAdam,Maryellen Fullerton
Publisher : Cambridge University Press
Page : 341 pages
File Size : 52,7 Mb
Release : 2013-09-05
Category : Law
ISBN : 9781107041752

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The Global Reach of European Refugee Law by Hélène Lambert,Jane McAdam,Maryellen Fullerton Pdf

Examination of the worldwide emulation of key norms of European refugee protection through transnational processes and actors.

The Limits of Transnational Law

Author : Guy S. Goodwin-Gill,Hélène Lambert
Publisher : Cambridge University Press
Page : 281 pages
File Size : 52,5 Mb
Release : 2010-03-18
Category : Law
ISBN : 9781139484374

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The Limits of Transnational Law by Guy S. Goodwin-Gill,Hélène Lambert Pdf

State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts

Author : Samantha Velluti
Publisher : Springer Science & Business Media
Page : 118 pages
File Size : 50,8 Mb
Release : 2013-09-30
Category : Law
ISBN : 9783642402678

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Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts by Samantha Velluti Pdf

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.

The Refugee in International Law

Author : Guy S. Goodwin-Gill,Jane McAdam
Publisher : Oxford University Press
Page : 847 pages
File Size : 50,7 Mb
Release : 2007
Category : Law
ISBN : 9780199281305

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The Refugee in International Law by Guy S. Goodwin-Gill,Jane McAdam Pdf

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 and every issue, old and new, has received fresh analysis.

The Future of Asylum in the European Union

Author : Flora A.N.J. Goudappel,Helena S. Raulus
Publisher : Springer Science & Business Media
Page : 221 pages
File Size : 47,5 Mb
Release : 2011-08-31
Category : Law
ISBN : 9789067048026

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The Future of Asylum in the European Union by Flora A.N.J. Goudappel,Helena S. Raulus Pdf

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.

Immigration and Asylum Law and Policy of the European Union

Author : Kay Hailbronner
Publisher : BRILL
Page : 584 pages
File Size : 53,5 Mb
Release : 2024-01-22
Category : Law
ISBN : 9789004482623

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Immigration and Asylum Law and Policy of the European Union by Kay Hailbronner Pdf

The harmonization of the different European legal systems has reached the field of asylum and immigration policy. The Maastricht Treaty has established the legal basis for a common migration policy. Numerous resolutions, recommendations, joint positions and actions were adopted by the EU Council based on the `third pillar' in the Maastricht Treaty. Within the `first pillar' the European Community has enacted regulations on visa policy based on Art. 100c EC - Treaty. Additionally, several agreements with third countries on immigration issues were set into force. Immigration and Asylum Law and Policy of the European Union comprehensively describes the present state of the harmonization process concerning migration policy in the European Union. Particular emphasis is laid on the legal status of third-country nationals with regard to entry and residence. Furthermore, the gaps within EU regulations are evaluated in an attempt to search for a homogenous European migration policy.