Journal article
Publication details
Droit des étrangers: mais à quoi sert le droit à une bonne administration?
in journal: La Revue des droits de l'homme
Volume number:
Issue number: 12
Release year: 2017
Page range: 1-14
Author(s) details
Publication description
Link to the publication on the Publisher’s catalogue
http://revdh.revues.org/3216
http://revdh.revues.org/3216
Keywords:
asylum, Governance, administration, right to effective remedy
asylum, Governance, administration, right to effective remedy
Abstract:
This paper analyses the efficiency of the right to good administration introduced by the Treaty of Lisbon concerning the law of immigration and specifically the right to asylum. The study of European and French case-laws shows that it has no “added value” in comparison with the more traditional rights of the defence, and especially regarding the right to be heard. The author invites us to question, from a theoretical perspective, the vague content of the right to good administration which does not preclude taking it into account when it comes to reinforce, in practice, the rights of aliens.
This paper analyses the efficiency of the right to good administration introduced by the Treaty of Lisbon concerning the law of immigration and specifically the right to asylum. The study of European and French case-laws shows that it has no “added value” in comparison with the more traditional rights of the defence, and especially regarding the right to be heard. The author invites us to question, from a theoretical perspective, the vague content of the right to good administration which does not preclude taking it into account when it comes to reinforce, in practice, the rights of aliens.