The Right to Seek Refugee Status in the European Union

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Intersentia 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.
 

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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

Conclusion
169
The Scope of Accelerated Procedures
176

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