scholarly journals Protection of human rights of asylum seekers and illegal migrants: Practice of European court of human rights

2013 ◽  
Vol 65 (4) ◽  
pp. 479-508
Author(s):  
Andjela Djukanovic
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Illegal Migrants ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Common ◽  
Difficult Position ◽  
Interim Measures ◽  
The Eu

The European Court of Human Rights plays an important role in protecting the rights of asylum seekers and illegal migrants through a set of different human rights. Requests for interim measures under Rule 39 of the Rules of Court have also great importance. In cases involving illegal migrants and asylum-seekers, the Court was often in a difficult position, given the contradictions that could arise from the protection of human rights and the legitimate aim of the Contracting States to control the entry, residence and expulsion of aliens. The recent Courts judgments in the case of M. S. S. against Belgium and in the case of Jama Hirsi and others v. Italy are particularly important because of their remarkable influence on the perception of the common asylum system in the EU.

scholarly journals Case Report on C-411/10, N.S. and C-493/10, M.E. and Others, 21 December 2011

2012 ◽  
Vol 14 (2) ◽  
pp. 223-238 ◽  
Author(s):  
Sophie Lieven
Keyword(s):  
Human Rights ◽  
Case Report ◽  
European Court Of Justice ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Common European Asylum System ◽  
Protection Of Human Rights ◽  
The Common ◽  
The Eu

Abstract The European Court of Justice clarified through this judgment the way in which the overloading of a Member States’ asylum system affects the EU arrangements for determining the Member State responsible for asylum applications lodged in the EU and thereby drastically reduced the possibility granted to Member States to transfer asylum applicants. The Member States now have an obligation to verify that no serious risk of violation of the Charter rights of the applicant exits in the receiving country before being allowed to transfer the person. The practical consequences of this ruling are still uncertain but further cooperation between Member States should be able to enhance the level of protection of human rights within the Common European Asylum System.

Some decisions of the European Court of Human Rights and the Court of the European Union con cerning the right of asylum

10.12737/5251 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 68-74
Author(s):  
Габриэлла Белова ◽  
Gabriela Belova ◽  
Мария Хаджипетрова-Лачова ◽  
Maria Hadzhipetrova-Lachova
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Protective Mechanisms ◽  
Eu Member States ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Eu

The authors analyze certain cases considered in recent years by the European Court of Human Rights and the Court of European Union in Luxembourg and associated with providing of asylum to the third country nationals. In individual EU member states there are huge differences in the procedures and protective mechanisms for asylum seekers in their access to work, as well as in the use of mechanism of forced detention. Due to accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the EU should comply the standards set by the Council of Europe. The authors analyze the new approach of the Strasbourg Court in decision MSS v. Belgium and Greece unlike other "Dublin" cases. They also consider certain new judgements of the Court of European Union in Luxembourg, some of which were accepted in order of urgent prejudicial production.

scholarly journals Human Rights in the EU Return Policy: The Case of the EU-Albania Relations

2012 ◽  
Vol 14 (1) ◽  
pp. 95-114 ◽  
Author(s):  
Sokol Dedja
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Member States ◽  
Eu Member States ◽  
Return Policy ◽  
The Third ◽  
Protection Of Human Rights ◽  
Effectiveness And Efficiency ◽  
Return Process ◽  
The Eu

Abstract The examination of the approach of the EU return policy to Albania – a country to which the EU returns about one fifth of the total number of the third country nationals removed – demonstrates that the predominant focus of the EU return policy on the effectiveness and efficiency of returns has left little room for safeguarding the human rights of the returnees. The article finds that the return procedures of the readmission agreement that should guarantee the protection of human rights in the return process are not observed by the EU member states. There are insufficient guarantees that the reception and possible detention of returnees in Albania will offer a dignified treatment. Moreover, the readmission agreement opens the way for the return of asylum seekers to Albania in line with the ‘safe third country’ practice in the absence of conditions that ensure effective access to fair and efficient asylum procedures and protection in the country.

scholarly journals Diplomatic and Consular Protection with Special Reference to Article 46 of the EU Charter of Fundamental Rights

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 32
Author(s):  
Riaan Eksteen
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Full Potential ◽  
Eu Law ◽  
The European Union ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights ◽  
The Uk ◽  
The Eu

Central to EU law and policies is the protection of human rights. For the European Union (EU), these rights are sacrosanct. Over the years, more substance to the protection of fundamental rights emerged. The European Court of Justice (ECJ) is notably entrusted with the protection of human rights and has always deemed it imperative that fundamental rights must be protected within the scope of EU law. The Court has always relied on strong European traditions and values and is guided by the inalienable principle of the rule of law. In the human rights record of the EU, the Kadi cases occupy a special place. The scope of the application of Article 46 is limited, and the application of the Charter is still not used to its full potential, and too few citizens are even aware of it. The Commission intends to present a strategy that would improve the use and awareness of the Charter. By the middle of 2020, the UK’s withdrawal from the EU had become acrimonious. One issue that still begs the conclusion is the status of and protection available to EU citizens living in the UK beyond 31 December 2020. These basic rights of its citizens are not negotiable for the EU.

scholarly journals Human rights in the European Union constitution

2006 ◽  
Vol 58 (1-2) ◽  
pp. 104-127
Author(s):  
Maja Nastic
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
Legal Document ◽  
The Relationship ◽  
The Eu

The paper deals with the innovations the Treaty Establishing a Constitution for Europe brings into the field of human rights. One of them is incorporation of the Charter of Fundamental Rights into the very Constitution. In this way, a political declaration adopted in Nice has become a legal document, achieving also constituionalisation of fundamental rights at the Union level. Secondly, there is an explicit possibility for the EU to accede the European Convention for the Protection of Human Rights and Fundamental Freedoms. Within that context the author considers the relationship between the Charter of Human Rights and the European Convention, as well as the relationship between the two courts: the European Court of Human Rights and the European Court of Justice.

scholarly journals THE ROLE AND SIGNIFICANCE OF JUDICIAL PRECEDENT IN THE SYSTEM OF SOURCES OF LAW

2021 ◽  
pp. 50-53
Author(s):  
N. Mialovytska ◽  
◽  
N. Zlatina ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Special Significance ◽  
Checks And Balances ◽  
Legal Norms ◽  
Court Of Justice ◽  
European Court ◽  
Protection Of Human Rights ◽  
Rule Making ◽  
The Eu

The article explores the concepts of sources of law and their main types. The source of law means the way of external influence of legal norms, which certifies their binding nature. The concepts and place of judicial precedent in the system of sources of law are defined. It is noted that judicial precedent should be understood as a court decision rendered in a particular case and entered into force, and which is the basis for resolving similar cases by other bodies. As part of the integration process in Europe, two important judicial bodies have been formed – the European Court of Human Rights (hereinafter – the ECtHR) and the Court of Justice. Each of these courts plays an important role in the rule-making process within its competence. The ECtHR's function is not limited to dealing with specific complaints. Its decisions also provide a comprehensive interpretation of the main provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. As a result, they acquire a special significance that is precedent-setting. Therefore, the application of the case law of the ECtHR is considered as a source of law. It is also noted that EU courts play a role in the development of the rule-making process within the EU. They interpret the main provisions of the founding treaties and other regulations and formulate autonomous concepts and concepts that complement and clarify the provisions of regulations and implement new fundamentally important for the development of integration law provisions. Recognition of judicial precedent as a source of law means that judicial bodies perform not only a jurisdictional function (resolving conflicts on the basis of law), but also law-making. This function increases the role and importance of the judiciary in the mechanism of checks and balances of abuse of state power.

The European Union's Common Foreign and Security Policy and Human Rights

1997 ◽  
Vol 15 (3) ◽  
pp. 291-324 ◽  
Author(s):  
Martine Fouwels
Keyword(s):  
European Union ◽  
Human Rights ◽  
Security Policy ◽  
The European Union ◽  
Human Rights Abuses ◽  
Eu Member States ◽  
Foreign And Security Policy ◽  
Protection Of Human Rights ◽  
The Common ◽  
The Eu

The dispute between the European Union (EU) Member States which broke out over the EU resolution on human rights abuses in China during the 1997 session of the Commission on Human Rights (CHR) in Geneva focused attention on the Common Foreign and Security Policy (CFSP). The present article offers a comprehensive review of the functioning of this institution in the field of the promotion and protection of human rights since the coming into force of the Treaty on European Union in November 1993. 1

Community Interests in International Migration and Refugee Law

2018 ◽  
Author(s):  
Tally Kritzman-Amir
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Refugee Law ◽  
The Status ◽  
Protection Of Human Rights ◽  
The Common ◽  
International Refugee Law ◽  
Broad Interpretation ◽  
Main Components ◽  
Definition Of

This chapter takes a closer look at some of the main components of international refugee law and some of the recent European practices in order to see how they resonate the notion of community obligation and convey a commitment to the common protection of human rights, in a way that deviates from a purely consent-based conception of the norms. It addresses four main points: (1) a broad interpretation of the definition of refugee in the convention relating to the status of refugees as an expression of a notion of community obligation; (2) non-refoulement as an expression of a notion of community obligation; (3) the duty to refrain from rejecting asylum-seekers at the border as an expression of a notion of community obligation; and (4) responsibility sharing as an expression of a community obligation.

Human Rights: The Best is Yet to Come

2004 ◽  
Vol 1 (1) ◽  
pp. 27-37 ◽  
Author(s):  
Rick Lawson
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
To Come ◽  
The Eu

Now that the EU Constitution has been adopted, one might be inclined to think that the debate on the position of human rights in the legal order of the European Union has come to an end. For more than 25 years academics and politicians have discussed the desirability of EC/EU accession to the European Convention of Human Rights and have argued for or against a separate bill of fundamental rights. That is all over now: Article I-7 of the Constitution provides for Union accession to the European Convention, whereas part II incorporates the Charter of Fundamental Rights.It would seem, therefore, that a solid framework for the protection of human rights in the EU legal order has been put in place. The rest will be a matter of implementation: taking fundamental rights into account when drafting and executing European legislation; invoking these rights before the Court of Justice; lodging complaints with the European Court of Human Rights when the EU institutions, despite everything, failed to secure these rights. All very important, albeit that some may find the daily application of human rights not as sexy as the large constitutional questions of the past.So is this the ‘end of history’ for human rights? Quite the opposite. The best is yet to come!

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