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EU Asylum Procedures and the Right to an Effective Remedy: Modern Studies in European Law

Autor Marcelle Reneman
en Limba Engleză Paperback – 24 aug 2016
Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005 and recast in 2013. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.
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Specificații

ISBN-13: 9781509907427
ISBN-10: 1509907424
Pagini: 428
Dimensiuni: 156 x 234 x 34 mm
Greutate: 0.6 kg
Ediția:NIPPOD
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Modern Studies in European Law

Locul publicării:London, United Kingdom

Caracteristici

The author considers the meaning of the rights in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.

Notă biografică

Marcelle Reneman is Assistant Professor in the Migration Law Section of the Department of Constitutional and Administrative Law at the VU University Amsterdam.

Cuprins

1. Introduction: In Search of EU Standards for Asylum ProceduresPart I Preliminary Issues 2. The Common European Asylum System and the Applicability3. The Subsidiary Role of International Treaties as Sources4. The EU Right to an Effective Remedy and Related5. Preliminary Conclusions and Methodology used for the Following Chapters Part II Key Issues of Asylum Procedures 6. The Right to Remain on the Territory of the Member State 7. The Asylum Applicant's Right to be Heard on his Asylum Motives8. The Burden and Standard of Proof and Evidentiary Assessment9. Judicial Review of the Establishment and Qualification of the Facts 10. The Use of Secret Information in Asylum Cases Part III Conclusions11. Towards a Common and Fair European Asylum Procedure?

Recenzii

...the book is an interesting addition to the literature on EU asylum legislation and fundamental rights...[T]he book is a useful guide to lawyers and other relevant parties...it is a must-read for anyone interested in asylum law or the right to an effective remedy.
...Reneman's analysis is both reassuring and often enlightening.
...the book represents very interesting and enriching reading for lawyers, academics, and other practitioners operating in the field of asylum law. Reneman will hopefully inspire and motivate many of them to exhaust the full potential of EU asylum law, apply it in individual cases, and test the legality of the Procedures Directive against the right to an effective remedy.

Descriere

This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure.