Overview
- Provides an original account of the underlying tensions between the two conflicting rationales upon which CEAS rests, i.e. a security paradigm and a rights-based approach, using the “lens” of sovereignty as an essentially contested concept
- Provides fresh insights into recent legislative and judicial developments in EU asylum law
- Provides detailed comparative analysis of the asylum case-law of the ECtHR and the ECJ vis-à-vis the ECHR and the EUCFR
- Critically reflects on the constitutional relationship between the two European Courts and how it impacts on asylum-seekers’ rights and the future of CEAS
- Includes supplementary material: sn.pub/extras
Part of the book series: SpringerBriefs in Law (BRIEFSLAW)
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Table of contents (5 chapters)
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Front Matter
Keywords
About this book
In June 2013, after lengthy and complex negotiations the EU adopted the recast “asylum package” which represents a significant step forward in the future development of CEAS.
In this timely study Velluti provides fresh insights into recent legislative and judicial developments in asylum and through the “lens” of sovereignty she looks at some of the contemporary challenges faced by the EU protection regime, with a particular focus on asylum-seekers’ rights.
The volume assesses whether the EU provides an adequate framework for protecting those seeking international protection from the opposing perspectives of effectiveness and fairness. It shows that, despite the newly adopted “second-generation” legislative acts which include changes aimed at ensuring a stronger level of protection for asylum-seekers, the reform process at European level does not adequately ensure an equal standard of protection across all Member States.
Through a comparative analysis of selected ECtHR and ECJ asylum cases the book also examines the constitutional relationship between the two European Courts and how it impacts on the human rights of asylum-seekers and on the future of EU asylum law.
Ultimately, the book shows that real progress in the development of the human rights dimension of CEAS will be achieved largely through the European and domestic courts.
Authors and Affiliations
Bibliographic Information
Book Title: Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts
Authors: Samantha Velluti
Series Title: SpringerBriefs in Law
DOI: https://doi.org/10.1007/978-3-642-40267-8
Publisher: Springer Berlin, Heidelberg
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: The Author(s) 2014
Softcover ISBN: 978-3-642-40266-1Published: 11 October 2013
eBook ISBN: 978-3-642-40267-8Published: 30 September 2013
Series ISSN: 2192-855X
Series E-ISSN: 2192-8568
Edition Number: 1
Number of Pages: XI, 110
Topics: European Law, Human Rights, Migration, Public International Law, International Humanitarian Law, Law of Armed Conflict, Sources and Subjects of International Law, International Organizations