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

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Social Science, Cultural Studies, Emigration & Immigration
Cover of the book Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts by Samantha Velluti, Springer Berlin Heidelberg
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Author: Samantha Velluti ISBN: 9783642402678
Publisher: Springer Berlin Heidelberg Publication: September 30, 2013
Imprint: Springer Language: English
Author: Samantha Velluti
ISBN: 9783642402678
Publisher: Springer Berlin Heidelberg
Publication: September 30, 2013
Imprint: Springer
Language: English

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. 

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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. 

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