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EU Asylum Procedures and the Right to an Effective Remedy

By: Marcelle Reneman
Media of EU Asylum Procedures and the Right to an Effective Remedy
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Published: 22-05-2014
Format: Hardback
Edition: 1st
Extent: 428
ISBN: 9781849465458
Imprint: Hart Publishing
Series: Modern Studies in European Law
Dimensions: 234 x 156 mm
RRP : £70.00
 

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About EU Asylum Procedures and the Right to an Effective Remedy

Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005 and recast in 2013. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.

Table Of Contents

1. Introduction: In Search of EU Standards for Asylum Procedures
Part I Preliminary Issues
2. The Common European Asylum System and the Applicability
3. The Subsidiary Role of International Treaties as Sources
4. The EU Right to an Effective Remedy and Related
5. Preliminary Conclusions and Methodology used for the Following Chapters
Part II Key Issues of Asylum Procedures
6. The Right to Remain on the Territory of the Member State
7. The Asylum Applicant's Right to be Heard on his Asylum Motives
8. The Burden and Standard of Proof and Evidentiary Assessment
9. Judicial Review of the Establishment and Qualification of the Facts
10. The Use of Secret Information in Asylum Cases
Part III Conclusions
11. Towards a Common and Fair European Asylum Procedure?

Reviews

“...the book is an interesting addition to the literature on EU asylum legislation and fundamental rights...[T]he book is a useful guide to lawyers and other relevant parties...it is a must-read for anyone interested in asylum law or the right to an effective remedy.” –  Amanda Spalding, King's Law Journal, Vol 25 (3)

“...Reneman's analysis is both reassuring and often enlightening.” –  Dr Helen O'Nions, International Journal of Refugee Law

“...the book represents very interesting and enriching reading for lawyers, academics, and other practitioners operating in the field of asylum law. Reneman will hopefully inspire and motivate many of them to exhaust the full potential of EU asylum law, apply it in individual cases, and test the legality of the Procedures Directive against the right to an effective remedy.” –  Dietrun Schalk, European Yearbook on Human Rights 2017

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