The Right To Seek Refugee Status In The European Union

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The Right to Seek Refugee Status in the European Union

Sylvie Da Lomba
The Right to Seek Refugee Status in the European Union Book PDF

Author : Sylvie Da Lomba
Publisher : Intersentia nv
Page : 338 pages
File Size : 48,5 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.

Asylum Law in the European Union

Francesco Cherubini
Asylum Law in the European Union Book PDF

Author : Francesco Cherubini
Publisher : Routledge
Page : 300 pages
File Size : 49,8 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 Refugee in International Law

Guy S. Goodwin-Gill,Jane McAdam
The Refugee in International Law Book PDF

Author : Guy S. Goodwin-Gill,Jane McAdam
Publisher : Oxford University Press
Page : 847 pages
File Size : 47,5 Mb
Release : 2007-03-22
Category : Law
ISBN : 9780192520357

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

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.

Asylum - A Right Denied

Helen O'Nions
Asylum A Right Denied Book PDF

Author : Helen O'Nions
Publisher : Routledge
Page : 270 pages
File Size : 41,9 Mb
Release : 2016-04-15
Category : Political Science
ISBN : 9781317177760

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Asylum - A Right Denied by Helen O'Nions Pdf

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.

Seeking Asylum in the European Union

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

Author : Céline Bauloz,Meltem Ineli-Ciger,Sarah Singer,Vladislava Stoyanova
Publisher : BRILL
Page : 311 pages
File Size : 51,7 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.

‘Protection’ in European Union Asylum Law

Julian Lehmann
Protection in European Union Asylum Law Book PDF

Author : Julian Lehmann
Publisher : BRILL
Page : 304 pages
File Size : 55,6 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?

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

Steve Peers,Violeta Moreno-Lax,Madeline Garlick,Elspeth Guild
EU Immigration and Asylum Law Text and Commentary Second Revised Edition Book PDF

Author : Steve Peers,Violeta Moreno-Lax,Madeline Garlick,Elspeth Guild
Publisher : Hotei Publishing
Page : 681 pages
File Size : 50,9 Mb
Release : 2015-04-23
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 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 volume completes this new edition of EU Immigration and Asylum Law, which consists of a 3-volume set. It is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law.

The right to leave a country

Council of Europe
The right to leave a country Book PDF

Author : Council of Europe
Publisher : Council of Europe
Page : 68 pages
File Size : 45,7 Mb
Release : 2013-10-01
Category : Political Science
ISBN : 8210379456XXX

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The right to leave a country by Council of Europe Pdf

The right to leave a country, including one's own, is a necessary prerequisite to the enjoyment of a number of other human rights, most notably the right to seek and enjoy asylum and to be protected against ill-treatment. States are entitled to place restrictions on the right to leave, if they are in compliance with the European Convention on Human Rights and the European Court of Human Rights case law. A number of measures taken or envisaged in recent years by some Council of Europe member states in the Western Balkans pose serious challenges to the right to leave a country, enshrined in the 1963 Protocol No. 4 to the European Convention on Human Rights, as well as to the right to seek and enjoy asylum. The situation is of particular concern to the Council of Europe Commissioner for Human Rights given that these restrictive, migration-related measures have been adopted at the instigation of EU member states in pursuance of their immigration and border control policies, and have been tainted by discrimination as they have targeted and affected, in practice, the Roma. This Issue Paper examines the right to leave a country and what it means both as a right in international human rights instruments and as interpreted by European courts and UN treaty bodies. It focuses on six major themes: the right to leave a country, including one's own; the right to seek and enjoy asylum; non-nationals' right to leave a country; prohibited discrimination as regards the right to leave a country; the situation in the Western Balkans; and the impact of the EU externalisation of border control policies on the right to leave a country. The conclusions highlight the need for European states to examine or re-examine their migration laws and policies in order to fully align them with the European Convention on Human Rights and the Court's jurisprudence.

Refugees, Citizenship and Social Policy in Europe

A. Bloch,C. Levy
Refugees Citizenship and Social Policy in Europe Book PDF

Author : A. Bloch,C. Levy
Publisher : Springer
Page : 252 pages
File Size : 42,5 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.

The New Asylum and Transit Countries in Europe during and in the Aftermath of the 2015/2016 Crisis

Vladislava Stoyanova,Eleni Karageorgiou
The New Asylum and Transit Countries in Europe during and in the Aftermath of the 2015 2016 Crisis Book PDF

Author : Vladislava Stoyanova,Eleni Karageorgiou
Publisher : BRILL
Page : 335 pages
File Size : 41,6 Mb
Release : 2018-11-22
Category : Law
ISBN : 9789004368293

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The New Asylum and Transit Countries in Europe during and in the Aftermath of the 2015/2016 Crisis by Vladislava Stoyanova,Eleni Karageorgiou Pdf

Understanding the realities of protection in a Europe that had failed to manage the crisis in asylum that unfolded in 2015 and 2016 requires a comprehension of how law shapes and distorts refugee protection practices in frontline states. In this collection Vladislava Stoyanova and Eleni Karageorgiou provide an essential cartography of the state of asylum during the crisis. The volume captures four dynamics: the absorption of EU norms in Central and South Eastern Europe; the reaction in this region to the massive movement of asylum seekers in 2015 and 2016; the initiation of normative developments in the area of asylum during and beyond the crisis by the countries in this region; and the question of solidarity.

EU Immigration and Asylum Law

Steve Peers,Nicola Rogers
EU Immigration and Asylum Law Book PDF

Author : Steve Peers,Nicola Rogers
Publisher : BRILL
Page : 1047 pages
File Size : 42,8 Mb
Release : 2006-08-30
Category : Law
ISBN : 9789047410904

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EU Immigration and Asylum Law by Steve Peers,Nicola 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.

European Asylum Law and the Rights of the Child

Ciara Smyth
European Asylum Law and the Rights of the Child Book PDF

Author : Ciara Smyth
Publisher : Routledge
Page : 397 pages
File Size : 53,9 Mb
Release : 2014-07-11
Category : Law
ISBN : 9781135120276

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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.

New Asylum Countries?

Rosemary Byrne,Gregor Noll,Jens Vedsted-Hansen
New Asylum Countries Book PDF

Author : Rosemary Byrne,Gregor Noll,Jens Vedsted-Hansen
Publisher : BRILL
Page : 485 pages
File Size : 52,5 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.

Europe and Refugees:Towards an EU Asylum Policy

Ingrid Boccardi
Europe and Refugees Towards an EU Asylum Policy Book PDF

Author : Ingrid Boccardi
Publisher : Kluwer Law International B.V.
Page : 266 pages
File Size : 54,6 Mb
Release : 2002-03-15
Category : Law
ISBN : 9789041117090

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Europe and Refugees:Towards an EU Asylum Policy by Ingrid Boccardi Pdf

Includes statistics.

Reforming the Common European Asylum System

Vincent Chetail,Philippe De Bruycker,Francesco Maiani
Reforming the Common European Asylum System Book PDF

Author : Vincent Chetail,Philippe De Bruycker,Francesco Maiani
Publisher : BRILL
Page : 549 pages
File Size : 44,9 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.