‘Protection’ in European Union Asylum Law PDF Download

Author: Julian Lehmann
Publisher: BRILL
ISBN: 9004430393
Category : Law
Languages : en
Pages : 304

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Book Description
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?

Author: Francesco Cherubini
Publisher: Routledge
ISBN: 1317804457
Category : Law
Languages : en
Pages : 300

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Book Description
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.

Author: Steve Peers
Publisher: Hotei Publishing
ISBN: 9004222391
Category : Law
Languages : en
Pages : 681

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Book Description
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.

Author: Natascha Zaun
Publisher: Springer
ISBN: 3319398296
Category : Political Science
Languages : en
Pages : 315

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Book Description
This book fills a significant lacuna in our understanding of the refugee crisis by analyzing the dynamics that lie behind fifteen years of asylum policies in the European Union. It sheds light on why cooperation has led to reinforced refugee protection on paper but has failed to provide it in practice. Offering innovative empirical, theoretical and methodological research on this crucial topic, it argues that the different asylum systems and priorities of the various Member States explain the EU's lack of initiative in responding to this humanitarian emergency. The author demonstrates that the strong regulators of North-Western Europe have used their powerful bargaining positions to shape EU asylum policies decisively, which has allowed them to impose their will on Member States in South-Eastern Europe. These latter countries, having barely made a mark on EU policies, are now facing significant difficulties in implementing them. The EU will only identify potential solutions to the crisis, the author concludes, when it takes these disparities into account and establishes a functioning common refugee policy. This novel work will appeal to students and scholars of politics, immigration and asylum in the EU.

Author: Céline Bauloz
Publisher: International Refugee Law
ISBN: 9789004290150
Category : Law
Languages : en
Pages : 297

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Book Description
"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"--Unedited summary from book cover.

Author: Céline Bauloz
Publisher: BRILL
ISBN: 9004290168
Category : Law
Languages : en
Pages : 311

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Book Description
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.

Author: Vincent Chetail
Publisher: BRILL
ISBN: 9004308660
Category : Law
Languages : en
Pages : 549

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Book Description
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.

Author: Rosemary Byrne
Publisher: BRILL
ISBN: 904740307X
Category : Law
Languages : en
Pages : 485

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Book Description
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.

Author: Kay Hailbronner
Publisher: BRILL
ISBN: 9004482628
Category : Law
Languages : en
Pages : 584

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Book Description
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.

Author: Sarah Léonard
Publisher: Routledge
ISBN: 0429652097
Category : Political Science
Languages : en
Pages : 212

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Book Description
This book analyses the extent and the modalities of the securitization of asylum-seekers and refugees in the EU. It argues that the development of the EU asylum policy, far from 'securitizing' asylum-seekers and refugees, has led to the strengthening and codification of several rights for these two categories of persons. However, the securitization of terrorism and the links that have been constructed between asylum, irregular migration and terrorism in the wake of the various terrorist attacks that have taken place in Europe in the last few years have had a significant impact on the ability of asylum-seekers to gain access to asylum systems in the EU. From a theoretical point of view, the book develops an original analytical framework that draws upon and further develops security studies – more precisely securitization theory – by connecting it to the literature on policy venues and venue-shopping. It therefore makes a significant contribution to the debates on both securitization and migration. Empirically examining the entire development of the EU’s policy towards asylum-seekers and refugees, from its origins in 1993, this book will be of great interest to students of European and EU politics, refugees, migration, security, terrorism and counter-terrorism, security studies and International Relations.