Uniformity, Responsibility and Solidarity in the Common European Asylum System (ceas): A ‘Constitutional’ Solution

2020 ◽  
pp. 236-252
2018 ◽  
Vol 20 (2) ◽  
pp. 135-156
Author(s):  
Marco Inglese

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).


2021 ◽  
Vol 18 (5) ◽  
pp. 533-549
Author(s):  
Encarnación La Spina

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.


2021 ◽  
pp. 81-91
Author(s):  
S.I. Kodaneva

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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