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Evidence in European Asylum Procedures: Immigration and Asylum Law and Policy in Europe, cartea 25

Autor Ida Staffans
en Limba Engleză Hardback – 18 apr 2012
Evidentiary assessment holds a central position in all forms of judicial decision-making. Also the asylum procedure is dependent on solutions made in theory and practice regarding evidentiary issues. This book explores the particular framework of evidentiary assessment in selected European appellate asylum procedures and discusses the relationship between these procedures, on the one hand, and between these procedures and other legal systems, including the EU legal order, on the other. Conclusions are made regarding the similarities and differences between the German, English and Finnish asylum procedures and the position and impact of European legal norms on the national procedures. The book further discusses possibilities for harmonization and the future work towards a Common European Asylum System.
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Specificații

ISBN-13: 9789004219960
ISBN-10: 900421996X
Pagini: 294
Dimensiuni: 155 x 235 x 23 mm
Greutate: 0.59 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Immigration and Asylum Law and Policy in Europe


Notă biografică

Ida Staffans, Ll.D. (1980), University of Helsinki, works as a lawyer for the Association of Finnish Local and Regional Authorities in Helsinki, Finland. She has published several international articles on the topic of European asylum procedures.

Cuprins

Acknowledgements; Contents; Abbreviations ;
I. Introduction
1. To Begin With; 2. The Question at Hand; 3. Means and Methods
II. Substantive Framework for the Study
1. Refugee Status Determination; 2. Refugee Status Determination in National Procedures; 3. The Common European Asylum System; 4. Asylum in Context
III. Asylum and Evidence
1. Evidentiary Framework for the Study; 2. Evidence in Asylum Procedure; 3. Evidence in EU Asylum Law
IV. Evidence in the European Appellate Asylum Procedure
1. Aim and Method; 2. Theme of Proof; 3. Burden of Proof; 4. Evidentiary Robustness; 5. Methods of Evidentiary Assessment; 6. Standard of Proof; 7. Evidence as a Procedural Instrument in Asylum Procedure
V. Use of Evidence in German Appellate Asylum Procedure
1. Aims, Method and Material; 2. Frameworks of German Asylum Procedure; 3. Salient Features of German Asylum Procedure; 4. Evidence in German Appellate Asylum Procedure; 5. Conclusions
VI. Evidence in Finnish Appellate Asylum Procedure
1. Aims and Method; 2. Frameworks of Finnish Asylum Procedure; 3. Elements Impacting on Finnish Asylum Procedure; 4. Evidence in Finnish Appellate Asylum Procedure; 5. Conclusions
VII. Evidence in English Appellate Asylum Procedure
1. Aims and Method; 2. Frameworks for English Asylum Procedure; 3. Salient Features of English Asylum Procedure; 4. Evidence in English Appellate Asylum Procedure; 5. Conclusions
VIII. Comparison of Evidentiary Standards
1. Introduction; 2. Burden of Proof; 3. Evidentiary Robustness; 4. Methods of Evidentiary Assessment; 5. Standard of Proof; 6. The Role of International Refugee Law in Forming National Evidentiary Standards; 7. The Role of EU Law in Forming National Evidentiary Standards; 8. The Role of National Traditions in Forming National Evidentiary Standards; 9. Conclusions
IX. Harmonisation of Procedures in the Common European Asylum System
1. Outsets; 2. Working Towards Commonality; 3. Conclusions
X. Evidence in European Appellate Asylum Procedure
1. The Goal of Commonality; 2. Evidence in the National Framework; 3. Evidence in Common European Asylum Procedure
Annex I; Bibliography; Index.