NOW PUBLISHED
EU Asylum Procedures and the Right to an Effective Remedy
Marcelle Reneman
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: http://www.hartpub.co.uk/pdf/9781849465458.pdf
Marcelle Reneman is Assistant Professor in the Migration Law Section of the Department of Constitutional and Administrative Law at the VU University Amsterdam.
May 2014, 428pp, Hbk, 9781849465458
RSP: £60 / €78
Discount Price: £48 / €62.40
To receive the 20% discount online write ref: AM9 in the voucher code field and click 'apply': http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849465458
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The Reception of Asylum Seekers under International Law: Between Sovereignty and Equality
Lieneke Slingenberg
Increasingly, European states are using policy on the reception of asylum seekers as an instrument of immigration control, eg by deterring the lodging of asylum applications, preventing integration into their societies and exercising a large degree of control over asylum seekers in order to facilitate expulsion. The European Union is currently engaged in a process of developing minimum conditions for the reception of asylum seekers, as part of a Common European Asylum System. This book critically examines the outcomes of the negotiation process on these minimum standards – Directive 2003/9/EC and Directive 2013/33/EU – in relation to international refugee law, international social security law and international human rights law. It presents a comprehensive analysis of state obligations that stem from these different fields of law with regard to asylum seekers' access to the labour market and social security benefits and compares them to the minimum standards developed in the European Union. To this end, it offers an in-depth study into the notion of non-discrimination on the basis of nationality in the field of social security and a detailed analysis of recent developments in the case law of the European Court on Human Rights on positive obligations in the socioeconomic sphere. It takes into account both the special characteristics of international legal obligations for states in the socioeconomic sphere and the legal consequences of the tentative legal status of asylum seekers. In addition, this book particularly examines how the instrumental use of social policy relates to international law.
Table of contents: http://www.hartpub.co.uk/pdf/9781849464826.pdf
Lieneke Slingenberg is Assistant Professor of Migration Law at the VU University Amsterdam.
July 2014, 430pp, Hbk, 9781849464826
RSP: £60 / €78
Discount Price: £48 / €62.40
To receive the 20% discount online write ref: AM9 in the voucher code field and click 'apply': http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849464826
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