The Future Of Asylum In The European Union

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The Future of Asylum in the European Union

Author : Flora A.N.J. Goudappel,Helena S. Raulus
Publisher : Springer Science & Business Media
Page : 216 pages
File Size : 47,9 Mb
Release : 2011-08-31
Category : Law
ISBN : 906704802X

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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.

New Asylum Countries?

Author : Rosemary Byrne,Gregor Noll,Jens Vedsted-Hansen
Publisher : BRILL
Page : 485 pages
File Size : 53,7 Mb
Release : 2002-01-01
Category : Law
ISBN : 9789047403074

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New Asylum Countries? by Rosemary Byrne,Gregor Noll,Jens Vedsted-Hansen Pdf

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.

Asylum Law in the European Union

Author : Francesco Cherubini
Publisher : Routledge
Page : 300 pages
File Size : 50,8 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.

The Future of Migration to Europe

Author : matteo villa
Publisher : Ledizioni
Page : 106 pages
File Size : 52,5 Mb
Release : 2020-05-14
Category : Political Science
ISBN : 9788855262026

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The Future of Migration to Europe by matteo villa Pdf

Even as the 2013-2017 “migration crisis” is increasingly in the past, EU countries still struggle to come up with alternative solutions to foster safe, orderly, and regular migration pathways, Europeans continue to look in the rear-view mirror.This Report is an attempt to reverse the perspective, by taking a glimpse into the future of migration to Europe. What are the structural trends underlying migration flows to Europe, and how are they going to change over the next two decades? How does migration interact with specific policy fields, such as development, border management, and integration? And what are the policies and best practicies to manage migration in a more coherent and evidence-based way?

The Common European Asylum System

Author : Olga Ferguson Sidorenko
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 46,8 Mb
Release : 2007
Category : Law
ISBN : 9067046698

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The Common European Asylum System by Olga Ferguson Sidorenko Pdf

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.

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

Author : Samantha Velluti
Publisher : Springer Science & Business Media
Page : 110 pages
File Size : 50,5 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.

Ignorance and Change

Author : Adriana Mica,Anna Horolets,Mikołaj Pawlak,Paweł Kubicki
Publisher : Routledge
Page : 261 pages
File Size : 46,9 Mb
Release : 2020-11-05
Category : Social Science
ISBN : 9781351212571

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Ignorance and Change by Adriana Mica,Anna Horolets,Mikołaj Pawlak,Paweł Kubicki Pdf

Ignorance and Change analyses the European refugee crisis of 2015–2016 from the perspective of ignorance studies showing how the media, decision-makers and academics engaged in the projection and reification of the future in relation to the crisis, the asylum system, and the solutions that were proposed. Why do recent crises fail to bring meaningful change? Why do we often see replication of the regimes of ignorance, inefficient knowledge and expertise practices? This book answers these questions by shifting the focus from the issue of change to our projections and expectations of what change will look like. Building on three comprehensive case studies, Poland, Hungary, and Romania, it demonstrates how ignorance and projectivity were essential for new Member States not only for managing the crisis but also for reaching a higher level of autonomy in relation to the EU. Employing an innovative interactional approach to ignorance, it bridges ignorance studies with sociology of future and migration research. Challenging the dominant interest in defining ignorance, it moves the focus from what ignorance is to what ignorance does. It incorporates the concept of future into ignorance studies and develops notions such as “projective agency,” “reification of the future,” “projection by proxy,” and “projectors of EU asylum policies.” The book provides an erudite background, comprehensive empirical research, and original tools of analysis for graduate students, researchers, and policy makers interested in crisis studies, public policy, ignorance studies, social theory, migration studies, and sociology of the future.

Coping with Migrants and Refugees

Author : Tiziana Caponio,Irene Ponzo
Publisher : Routledge
Page : 260 pages
File Size : 53,8 Mb
Release : 2022-03-08
Category : Political Science
ISBN : 9781000563177

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Coping with Migrants and Refugees by Tiziana Caponio,Irene Ponzo Pdf

This book provides a comparative overview of asylum seekers’ reception throughout Europe by adopting a theoretical framework based on an analytical approach to the notion of multilevel governance (MLG). It challenges the tendency of the MLG literature to overlook political controversies and conflicts and questions the assumption that it represents the best policymaking arrangement for promoting policy convergence. In doing so, it explores the functioning of the reception component of the Common European Asylum System in centralised states and federal/regional states and analyses its implementation at both national and local levels. The book reveals the heterogeneous development of reception policies not only across Member States but also within each country where solutions adopted at the local level generally diverge substantially. Furthermore, the overall centralisation of policy-making on reception regardless the institutional structure, seems to leave little room for MLG arrangements tailored to specific localities and triggers tensions between central governments and local authorities. This book will be of key interest to scholars and students of migration and asylum studies, immigration, (multilevel) global governance and more broadly to comparative politics, European studies/politics and public policy. Chapter 3, Chapter 5, Chapter 6, Chapter 9 and Chapter 10 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Refugee Protection in Europe

Author : Selm-Thorburn
Publisher : Martinus Nijhoff Publishers
Page : 288 pages
File Size : 52,6 Mb
Release : 2023-08-21
Category : Law
ISBN : 9789004640825

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Refugee Protection in Europe by Selm-Thorburn Pdf

This book addresses the issue of refugee protection in Europe, drawing on the approaches taken to the crisis in former Yugoslavia to find lessons for future comprehensive policies. Suitable for academics, students and policy-makers, this book gives a comprehensive overview of the twentieth-century history of refugee protection, the relationship between protection and human rights, and European integration in the asylum and immigration policy area. The focus of the book is the development of comprehensive approaches to forced migration and particularly the emergence of temporary protection mechanisms in the European context. Four specific national measures are analyzed and a model for future EU policy is advanced. This model satisfies specified practical and theoretical requirements governing the role of protection in international relations and relations between individuals and states.

The Right to Seek Refugee Status in the European Union

Author : Sylvie Da Lomba
Publisher : Intersentia nv
Page : 338 pages
File Size : 40,7 Mb
Release : 2004
Category : Asylum, Right of
ISBN : 9789050953498

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The Right to Seek Refugee Status in the European Union by Sylvie Da Lomba Pdf

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.

Reforming the Common European Asylum System

Author : Vincent Chetail,Philippe De Bruycker,Francesco Maiani
Publisher : BRILL
Page : 549 pages
File Size : 49,6 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.

Seeking Asylum in the European Union

Author : Céline Bauloz,Meltem Ineli-Ciger,Sarah Singer,Vladislava Stoyanova
Publisher : BRILL
Page : 311 pages
File Size : 46,7 Mb
Release : 2015-05-27
Category : Law
ISBN : 9789004290167

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Seeking Asylum in the European Union by Céline Bauloz,Meltem Ineli-Ciger,Sarah Singer,Vladislava Stoyanova Pdf

Seeking Asylum in the European Union provides critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System: the comprehensive recast of European asylum legislation completed in 2013. With a foreword by Professor Hélène Lambert.

European Asylum Law and International Law

Author : Hemme Battjes
Publisher : BRILL
Page : 709 pages
File Size : 46,7 Mb
Release : 2006-05-15
Category : Law
ISBN : 9789047409427

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European Asylum Law and International Law by Hemme Battjes Pdf

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.

Refugees, Citizenship and Social Policy in Europe

Author : A. Bloch,C. Levy
Publisher : Springer
Page : 252 pages
File Size : 42,7 Mb
Release : 1999-04-30
Category : Social Science
ISBN : 9780230371248

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Refugees, Citizenship and Social Policy in Europe by A. Bloch,C. Levy Pdf

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.