Books & Monographs

Publication details

Reforming the Common European Asylum System: legislative developments and judicial activism of the European Courts

Publisher: Springer
ISBN: 978-3642402661
Edition number: 1
Release year: 2014

Author(s) details

Samantha Velluti

Publication description

Link to the publication on the Publisher’s catalogue
http://link.springer.com/book/10.1007%2F978-3-642-40267-8
Keywords:
Common European Asylum System,European Courts,Judicial Activism,Reform
Abstract:
Abstract By drawing on a human rights-based and de-constructivist approach, this volume critically examines selected EU instruments aimed at protecting asylum-seekers. It starts by unpacking underlying tensions in the field of asylum which are rooted in classical understandings of national sovereignty best described as a ‘‘trinity of unity,’’ namely, a unitary territory, a unitary force, and a unitary people. It then proceeds to the analysis of the recasting of selected EU asylum legislative instruments. The reform aims at introducing a significant shift in the nature of legislation by way of introducing mandatory obligations for the Member States together with the abolition of opt-out clauses and a full harmonization of both procedures and standards, which are also in line with the changes made by the ToL. On the basis of a comparative analysis of a series of key asylum cases, the volume also intends to critically examine the jurisprudence of the ECJ and the ECtHR vis à vis the European Convention of Human Rights (ECHR) and the EU Charter of Fundamental Rights and Freedoms (EU Charter). 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. It is posited that a way to adequately address the gaps and inconsistencies in extant EU asylum law, as well as its numerous problematic applications, is through principled implementation by the Member States, that is, in compliance with their international refugee and human rights obligations. Increasingly, both national and European Courts will be called to play a key monitoring function to ensure that standards and guarantees are met. In this context, the book suggests that further mutual engagement is required between the two European Courts and also outlines a proposal for the creation of an ad hoc EU asylum court.