The Right to Seek Refugee Status in the European UnionIntersentia nv, 2004 - 325 頁 In recent years the laws and policies on asylum of the EU and its Member States have converged towards greater restriction and raise concern as to the commitment of the EU to protect the right to seek refugee status within its territory and uphold this fundamental right beyond its borders. This book analyses the implications of the EU asylum policy for the right to seek refugee status within the meaning of the 1951 UN Convention relating to the Status of Refugees. The author contends that the development of other forms of international protection does not erode the relevance of the Convention, which remains a cornerstone of refugee protection. Relevant EU legislation and proposals for future legislation are measured against the standards set out in international refugee and human rights law with a view to making law reform proposals for the protection of the right to seek refugee status within the EU. Substantive and procedural issues are examined to this end. Refugee protection presents considerable challenges for the EU, its Member States and the international community at large. It is critical that adherence to international standards remains central to the shaping of the EU asylum policy if the EU is to face up to its responsibilities and obligations. |
內容
ACKNOWLEDGEMENTS | 1 |
The Complementary Role of International Human Rights Law | 11 |
Implications and Scope of the Book | 17 |
2 | 33 |
The Communautarisation Operated by the Treaty | 41 |
CHAPTER III | 47 |
CHAPTER IV | 105 |
Transfers of Responsibility | 116 |
Basic Procedural Safeguards | 181 |
Submission of the Application for Asylum | 198 |
Conclusion | 217 |
An Exceptional Measure | 243 |
Conclusion | 261 |
TABLE OF INTERNATIONAL TREATIES AND DECLARA | 285 |
TABLE OF CASES | 295 |
BIBLIOGRAPHY | 305 |
常見字詞
1951 Convention accelerated procedures Amended Proposal appeal application for asylum Article asylum claim asylum policy asylum seekers Centre d'Information Contentieuse Commission des Recours Commission’s communautarisation concerned Conseil d'Etat Contentieux des Réfugiés Council of Europe country of origin Court criteria decision Directive on minimum Dublin Convention Dublin II Regulation EC law ECHR ensure Eurodac European Parliament European Union granting and withdrawing human rights law Ibid Immigration and Asylum instance international protection international refugee interpretation issues Jurisprudence du Conseil lodged minimum standards Moreover non-refoulement paragraph particular social group procedures in Member readmission agreements reception of asylum Recours des Réfugiés refugee and human refugee law refugee protection requirements responsible for examining right to seek safe country safe third country safeguards Schengen Agreement seek refugee status standards on procedures stateless persons supra supra n third country nationals transfers of responsibility Treaty of Amsterdam UNHCR United Kingdom visa withdrawing refugee status