Administrative law and the Common European Asylum System

2017 ◽  
pp. 137-158
Author(s):  
Elspeth Guild
Keyword(s):  
Administrative Law ◽  
Common European Asylum System ◽  
The Common

The Common European Asylum System

2018 ◽  
Author(s):  
Elspeth Guild
Keyword(s):  
Security Policy ◽  
Legal Framework ◽  
Administrative Law ◽  
Law And Policy ◽  
Amsterdam Treaty ◽  
System P ◽  
Common European Asylum System ◽  
Foreign And Security Policy ◽  
The Common ◽  
Immigration And Asylum

Administrative law relating to the Common European Asylum System (CEAS) developed rapidly following the introduction of a European Union competence for asylum. The Amsterdam Treaty 1999 brought an end to the rather chaotic European field of law and policy on borders, immigration, and asylum. This area had not been included in EU competences at all until the Maastricht Treaty (in force from 1993) which fragmented the legal framework of the then EC by creating three so-called pillars, the first pillar of EU law proper (as had been contained in the then EC Treaty), the second on the Common Foreign and Security Policy (which was entirely intergovernmental), and the third pillar on justice and home affairs which included then (most of) border policy, migration, and asylum.

Liberating Malawi's Administrative Justice Jurisprudence from Its Common Law Shackles

2011 ◽  
Vol 55 (1) ◽  
pp. 105-127 ◽  
Author(s):  
Danwood Mzikenge Chirwa
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
The Common ◽  
The Right ◽  
Administrative Justice

AbstractThe 1994 Malawian Constitution is unique in that it, among other things, recognizes administrative justice as a fundamental right and articulates the notion of constitutional supremacy. This right and the idea of constitutional supremacy have important implications for Malawi's administrative law, which was hitherto based on the common law inherited from Britain. This article highlights the difficulties that Malawian courts have faced in reconciling the right to administrative justice as protected under the new constitution with the common law. In doing so, it offers some insights into what the constitutionalization of administrative justice means for Malawian administrative law. It is argued that the constitution has altered the basis and grounds for judicial review so fundamentally that the Malawian legal system's marriage to the English common law can be regarded as having irretrievably broken down as far as administrative law is concerned.

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.

The Common Core of European Administrative Laws and the Pan-European General Principles of Good Administration

2021 ◽  
pp. 21-34
Author(s):  
Ulrich Stelkens
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Common Core ◽  
Methodological Approach ◽  
Administrative Law ◽  
European Convention ◽  
Council Of Europe ◽  
Institute Of Public Administration ◽  
German Research ◽  
The Common

This chapter examines a research project carried out at the German Research Institute of Public Administration and the German University of Administrative Sciences Speyer. This 'Speyer project' studies the development, content, and effectiveness of the written and unwritten standards of good administration drawn up within the framework of the Council of Europe (CoE), i.e. on the basis of its Statute (SCoE) and the European Convention on Human Rights (ECHR), which is a sort of 'second pillar' of the CoE. These CoE standards are called 'pan-European principles of good administration'. This 'Speyer project' can be understood as a counterpart to the project carried out by Giacinto della Cananea and Mauro Bussani on the Common Core of European Administrative Law (CoCEAL) as it has a similar objective: to ascertain whether, despite many differences between European systems of administrative law, there are some connecting elements, or a 'common core', and, if so, whether such 'connecting elements' can be formulated in legal terms rather than as generic idealities. However, the methodological approach of the 'Speyer project' clearly differs from the 'factual approach' adopted in CoCEAL.

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