Reforming the Common European Asylum System: The New European Refugee Law

2017 ◽  
Vol 29 (2) ◽  
pp. 382-385
Author(s):  
Julia Muraszkiewicz
Keyword(s):  
Refugee Law ◽  
Common European Asylum System ◽  
The Common

Fences, Fiction, and the Magic Mountain

2021 ◽  
pp. 363-384
Author(s):  
Dana Schmalz
Keyword(s):  
European Convention ◽  
Legal Rules ◽  
Refugee Protection ◽  
Refugee Law ◽  
Common European Asylum System ◽  
The Common ◽  
International Refugee Law ◽  
The One ◽  
Procedural Rights

How to allocate responsibility for refugee protection between states forms a salient question in international refugee law. Explicit principles are lacking, yet there is a growing consensus that the issue of responsibility-sharing relates to the system’s most salient deficiencies. Within Europe, the sharing of responsibility for refugees is equally contested. Explicit legal rules exist within the Common European Asylum System (CEAS) of the EU on the one hand, and the European Convention of Human Rights (ECHR) on the other. The chapter explores the schemes of responsibility-sharing that underlie these two frameworks, the scheme of layered responsibility under the ECHR, and the scheme of alternative responsibility under the Dublin legislation of the CEAS. It discusses the respective implications for the regulation of borders and safeguarding of rights. It points to the role of individual procedural rights arguing that lessons can be learned from the European case which can also apply to the international level.

The Right to Healthcare in the Common European Asylum System

2018 ◽  
Vol 20 (2) ◽  
pp. 135-156
Author(s):  
Marco Inglese
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
European Convention ◽  
Undocumented Migrants ◽  
The European Union ◽  
Common European Asylum System ◽  
The Common ◽  
Interpretative Approach ◽  
The Right

Abstract This article seeks to ascertain the role of healthcare in the Common European Asylum System (CEAS). The article is structured as follows. First, it outlines the international conceptualisation of healthcare in the International Covenant of Economic, Social and Cultural Rights (ICESCR) and the European Social Charter (ESC) before delving into the European Convention on Human Rights (ECHR). Second, focusing on the European Union (EU), it analyses the role of Article 35 of the Charter of Fundamental Rights of the European Union (the Charter) in order to verify its impact on the development of the CEAS. Third, and in conclusion, it will argue that the identification of the role of healthcare in the CEAS should be understood in light of the Charter’s scope of application. This interpretative approach will be beneficial for asylum seekers and undocumented migrants, as well as for the Member States (MSs).

Especially Vulnerable Subjects and Categories in the Context of European Migration: Theoretical Regulatory Challenges

2021 ◽  
Vol 18 (5) ◽  
pp. 533-549
Author(s):  
Encarnación La Spina
Keyword(s):  
Legal Protection ◽  
Eu Member States ◽  
Common European Asylum System ◽  
Vulnerable Subjects ◽  
The Common ◽  
Political Dimensions ◽  
And Migration ◽  
International Instruments ◽  
European Migration ◽  
Regulatory Challenges

While vulnerability and migration are boundary concepts, they have been employed as if they were somewhat neutral and univocal. Based on the umbrella theory of the vulnerability turn, the specialist doctrine has focused its critical analyses on the legal-political dimensions of the different vulnerable subjects and groups. However, migrant vulnerability has a unique impact on the regulatory field of asylum, especially given its ambiguity and lack of legislative harmonisation across EU Member States. A review of the mechanisms for identifying and protecting migrant vulnerability can provide regulatory evidence regarding the different phases of the Common European Asylum System, which in turn can lead to proposals for its reform. This study will analyse the complex and questionable use of the category of ‘vulnerable migrant’ in the main international instruments of legal protection when applied to asylum seekers. It will then present a critical comparative analysis of the national and EU asylum framework.

COMMON EUROPEAN ASYLUM SYSTEM: THE CAUSES OF THE CRISIS AND ITS CONSEQUENCES FOR EUROPEAN CONSTITUTIONALISM

2021 ◽  
pp. 81-91
Author(s):  
S.I. Kodaneva
Keyword(s):  
Middle East ◽  
Existing Problems ◽  
Massive Influx ◽  
Common European Asylum System ◽  
The Common ◽  
The Eu

The massive influx of refugees from the Middle East in 2015 caused a crisis in the Common European Asylum System, which provoked a European constitutional crisis. This review presents three articles that formulate the existing problems and the risks they cause for the EU, as well as analyzing their causes and prerequisites.

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