The EU Right to Asylum: An Individual Entitlement to (Access) International Protection

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
Free Movement ◽  
Illegal Migration ◽  
Refugee Status ◽  
International Protection ◽  
Common European Asylum System ◽  
The Common ◽  
Principle Of Proportionality ◽  
The Right ◽  
The Impact ◽  
The Eu

This chapter analyses the right to asylum enshrined in Article 18 CFR and its relevance in relation to access to international protection in the EU. It sets out the origins and evolution of the notion. The chapter shows the impact of the CSR51 and the ECHR on the classic understanding that the right of asylum is a matter exclusively belonging to the sovereign. The rights to leave any country and to seek asylum implicit in those instruments are assessed, together with the principle of proportionality and the limits it imposes on State discretion, and the intersection with the absolute prohibition of refoulement. The ‘right to gain effective access to the procedure for determining refugee status’ established by the Strasbourg Court as well as developments within the Common European Asylum System are also given attention. Comparisons are made with the approach adopted by the CJEU in the areas of free movement, legal/illegal migration, and EU citizenship. This serves as a basis for the clarification of the meaning of the right to (leave to seek) asylum inscribed in the Charter that Member States must ‘guarantee’ and its implications for mechanisms of ‘integrated border management’.

scholarly journals EXTREME MATERIAL POVERTY AS A NEGATIVE PREREQUISITE FOR THE TRANSFER OF AN APPLICANT FOR INTERNATIONAL PROTECTION TO THE COMPETENT MEMBER STATE AND FOR THE REJECTION OF AN APPLICATION FOR THE GRANT OF REFUGEE STATUS AS BEING INADMISSIBLE

2020 ◽  
Vol 37 (2) ◽  
pp. 139-161
Author(s):  
Izabela Małgorzata Wróbel
Keyword(s):  
Member State ◽  
Point Of View ◽  
Fundamental Rights ◽  
Refugee Status ◽  
International Protection ◽  
Actual Nature ◽  
Common European Asylum System ◽  
The Common ◽  
High Level ◽  
The Eu

             The essential measures for a common European asylum system adopted by the EU institutions include the Regulation (EU) No 604/2013 and the Directive 2013/32/EU. These acts relate to the various stages of the functioning of the common European asylum system, however, there may be a risk of a violation of the fundamental rights of applicants as set out in the Charter of Fundamental Rights of the EU, including the prohibition of inhuman or degrading treatment (Article 4 of the Charter), at both stages. Such a risk may arise as a result of deficiencies in asylum systems of the Member States. If these deficiencies are to fall within the scope of Article 4 of the Charter, they must attain a particularly high level of severity, which depends on all the circumstances of the case. An example of attaining this particularly high level of severity is the situation of extreme material poverty. As acts of the EU asylum law do not contain the terms “particularly high level of severity” and “extreme material poverty” and all the more they do not define them, guidelines on how to interpret and apply Article 4 of the Charter in the context of the common European asylum system should be sought in the case law of the Court of Justice of the EU. Therefore, the aim of the article is to explore and attempt to generalise and develop the basis and the criteria indicated by the CJEU for assessing the actual nature of deficiencies in the asylum system of the Member State in question from the point of view of the prohibition laid down in Article 4 of the Charter, with particular emphasis on the criterion of a particularly high level of severity and the situation of extreme material poverty which meets this criterion.

The Refugee Crisis and the Executive: On the Limits of Administrative Discretion in the Common European Asylum System

2016 ◽  
Vol 17 (6) ◽  
pp. 1005-1032 ◽  
Author(s):  
Mattias Wendel
Keyword(s):  
Fair Division ◽  
Refugee Crisis ◽  
Administrative Discretion ◽  
International Protection ◽  
Legal Limits ◽  
Common European Asylum System ◽  
The Common ◽  
The Right ◽  
Political Realities ◽  
Discretionary Powers

While the Dublin System was meant to create a clear and fair division of responsibilities for the examination of applications for international protection, the recent refugee crisis highlighted the extent to which normative aspirations and political realities can diverge. That said, the Dublin System does allow for a certain degree of flexibility: By exercising the discretionary right to assume responsibility under the so-called “sovereignty clause” of Article 17, paragraph 1 of the Dublin III Regulation, Member States can examine asylum applications even when they would not formally have jurisdiction for doing so according to the criteria established by the Dublin System. Germany has relied upon this right extensively during the refugee crisis. Against this backdrop, the following contribution analyzes the reasons for, and limits of, multilevel administrative discretion in the Common European Asylum System. It argues that when a Member State exercises the right to assume responsibility in a sweeping manner, i.e. in hundreds of thousands of cases, it runs the risk of overstretching the legal limits of its discretionary powers. National administrative bodies can only invoke the right to assume responsibility insofar as this does not amount to game-changing decisions by the executive or unilateral decision-making without transnational coordination – particularly when such decisions have severe transnational consequences.

COVID Pandemic and its Influence as Fragmentation of EU Market and Security

2020 ◽  
Vol 26 (2) ◽  
pp. 193-198
Author(s):  
Nikolay Marin
Keyword(s):  
Economic Effects ◽  
Common Market ◽  
Free Movement ◽  
Health Economy ◽  
Member States ◽  
Internal Security ◽  
Eu Member States ◽  
The Common ◽  
The Impact ◽  
The Eu

AbstractThe prevalence of the COVID 19 virus from an epidemic evolved into a pandemic and that was proclaimed by the WHO. Managing health problems has inherently come in a direct connection with a range of systems and industries such as health, economy, and national security. The measures that are taken to curb the virus have had an extremely adverse effect on the EU and its Member States, which are among the most affected ones. Achievements such as the common market and internal security that are built on the free movement of the four freedoms are limited for the first time in a way that affects the whole Union and its Member States. In most of the EU Member States state of emergency is established and the governments apply restrictive measures. The article examines the impact of the health problem and the achievements of the common market and concludes further normalization of free movement in the EU. The economic effects of the COVID pandemic will prevent emerging countries from providing key services. This will lead to trust undermining in government and internal security challenges.

scholarly journals The Right of Free Movement and the Access To Social Protection in the EU: The Economical Dimension. Notes on the Case Elisabeta Dano v Jobcenter Leipzig, C-333/13

2015 ◽  
Vol 1 ◽  
pp. 110-120
Author(s):  
Daniela Guimarães
Keyword(s):  
Social Protection ◽  
Free Movement ◽  
Equal Treatment ◽  
Social Benefits ◽  
Member States ◽  
Court Of Justice ◽  
Assistance Systems ◽  
The Right ◽  
The Impact ◽  
The Eu

This article seeks to analyse the impact of the Court of Justice of the European Union’s (CJEU) decision in the Dano judgement concerning the free movement of EU citizens and their cross-border access to social benefits. The debate about social tourism or welfare migration has been acrimonious in the last years. The Member States face new challenges concerning the possibility of excluding economically inactive European Union (EU) citizens from other Member States from special non-contributory social benefits. However, if on one hand we have the need to protect the financial sustainability of the Member States, as non-active EU citizens from other Member States can represent a burden on their social assistance systems, on the other hand, we also need to respect one of the EU’s most basilar principles: the prohibition of discrimination on grounds of nationality. The CJEU has decided that the economically nonactive citizens of other Member States can only claim equal treatment in regard to access to social benefits, when they have a right of residence under Directive 2004/38 in the host Member State.

scholarly journals The Impact of the Pandemic Covid-19 on the Human Right to Freedom of Movement

2021 ◽  
Vol 10 (1) ◽  
pp. 376
Author(s):  
Valentyn Zolka ◽  
Olha Tsarenko ◽  
Iryna Kushnir ◽  
Serhii Tsarenko ◽  
Roman Havrik
Keyword(s):  
Human Rights ◽  
Free Choice ◽  
Free Movement ◽  
Human Right ◽  
Scientific Methods ◽  
Freedom Of Movement ◽  
Special Scientific ◽  
The Right ◽  
The Impact ◽  
The Eu

The article discusses the impact of the pandemic COVID-19 on the human rights, in particular, the right to freedom of movement and free choice of residence. The purpose of the article is to investigate whether the restrictions implemented to prevent spread of the infection were legitimate and necessary. The concept and content of the right to free movement according to Ukrainian legislation has been investigated. The legitimate grounds for restriction of human rights were analyzed. The state of compliance of Ukrainian legislation with the legislation of the EU and world standards was revealed. The range of issues that Ukraine faced during the pandemic COVID-19 and limitations of human rights were disclosed. Particular attention was paid to legal acts which implemented such limitations. It was revealed that the approach of the Ukrainian legislator while implementing restrictions of human rights was unconstitutional and violated fundamental human freedoms. General and special scientific methods were used in the process of research, such as dialectical, comparative, dogmatic and legal methods.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

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).

scholarly journals The competences of European Union institutions in the trade policy (Lisbon Treaty)

2010 ◽  
Author(s):  
Margareta Timbur
Keyword(s):  
European Union ◽  
Trade Policy ◽  
Lisbon Treaty ◽  
International Negotiation ◽  
The European Union ◽  
External Relations ◽  
The Common ◽  
The Right ◽  
Common Trade ◽  
The Impact

The European Union is the best known at the world’s leading trade power and the common trade policy is the core of EU external relations. The events of the last years and the extension of the EU to 27 member proved that the functioning system could no longer continue and was requiring a new institutional framework. The Lisbon Treaty was the right solution. It purposes are to bring changes for the citizens, institutions, external relations foe the consolidation of democracy in EU. This paper attempts to provide an overview of the major revisions introduced by the Treaty of Lisbon regarding the trade policy. Also, it analyses the extension and clarification of EU competence, the greater role of the European Parliament and the inclusion of investment policy in trade policy, the voting rules in trade area and the international negotiation of trade agreements. The study describes, as well, the impact of Lisbon Treaty implementation on the MS which are independent nations, but without power of decision in the common trade policy.

Free Movement and Discrimination: Evidence from Europe, the United States, and Canada

2013 ◽  
Vol 15 (1) ◽  
pp. 91-110 ◽  
Author(s):  
Willem Maas
Keyword(s):  
United States ◽  
European Union ◽  
International Migration ◽  
Mutual Recognition ◽  
The United States ◽  
Free Movement ◽  
The European Union ◽  
Good Test ◽  
The Right ◽  
The Eu

Abstract This article surveys some general lessons to be drawn from the tension between the promise of citizenship to deliver equality and the particularistic drive to maintain diversity. Democratic states tend to guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees (as the core right of EU citizenship) the right to live and the right to work anywhere within EU territory to EU citizens and members of their families. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen. But they are not uncontested. Within the EU, several member states propose to reintroduce border controls and to restrict access for EU citizens who claim social assistance. Similar tensions and attempts to discourage freedom of movement also exist in other political systems, and the article gives examples from the United States and Canada. Within democratic states, particularly federal ones and others where decentralized jurisdictions are responsible for social welfare provision, it thus appears that some citizens can be more equal than others. Principles such as benefit portability, prohibition of residence requirements for access to programs or rights, and mutual recognition of qualifications and credentials facilitate the free flow of people within states and reflect the attempt to eliminate internal borders. Within the growing field of migration studies, most research focuses on international migration, movement between states, involving international borders. But migration across jurisdictional boundaries within states is at least as important as international migration. Within the European Union, free movement often means changing residence across jurisdictional boundaries within a political system with a common citizenship, even though EU citizenship is not traditional national citizenship. The EU is thus a good test of the tension between the equality promised by common citizenship and the diversity institutionalized by borders.

Cross-border ties in the light of the EU common market

2020 ◽  
Vol 8 (4) ◽  
pp. 187-205
Author(s):  
Łukasz Wróblewski
Keyword(s):  
Common Market ◽  
Border Regions ◽  
Cross Border ◽  
Production Factors ◽  
The Subject ◽  
The Common ◽  
Economic Ties ◽  
The Impact ◽  
European Regional ◽  
The Eu

Cross-border regional economic ties in the EU have been the subject of numerous studies across various academic fields. A special dose of attention, however, has been paid to the ties between the EU border regions. This is no doubt related to the intensification of European integration, in particular at the regional level. One source of particular impact on border regions is the economy of the common market. Surprisingly enough, this economy has not found its proper reflection in the research on border regions and their problems in the light of the broadly defined European regional studies. As a consequence, it is necessary to carry out an in-depth analysis of the literature on cross-border cooperation and economic integration in order to capture the impact of the single market on cross-border relations. The aim of this paper, therefore, is to analyze the economic determinants of cross-border economic ties between the EU regions. To this end, the text begins with an overview of (1) the key characteristics of the common market, followed by (2) the impact of market economics on the regional ties, with particular emphasis on the border regions. The problem has been illustrated on the basis of the Polish-German borderland. The conducted examinations indicate that the economic ties between border regions vary in intensity. At the same time, the vicinity of the border is often insufficient as a factor ensuring a high degree of intensity in the movement of production factors or business relations across the border. It is market mechanisms rather than the location on the border that comprise the primary determinant in this regard. The primary focus of this study is the movement of production factors. The methodology of this text has been based primarily on the analysis of the subject literature on the notions of market economics, optimum currency area, and the broadly defined European regional studies.

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