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Author: David Moya Publisher: Immigration and Asylum Law and ISBN: 9789004465688 Category : Law Languages : en Pages : 308
Book Description
"This volume conducts an in-depth analysis of the ECtHR's case law in the area of migration and asylum, exploring the role of the Court in this area of law. Each chapter deals with the case law on one specific ECHR article that is relevant for migrants, asylum seekers and refugees. In addition, the volume is enriched by two additional studies which deal with issues that are treated in a transversal manner, namely vulnerability and the margin of appreciation. The volume systematises the case law on aliens' rights under the ECHR, offering readers the chance to familiarise themselves with or gain deeper insight into the main principles the Strasbourg court applies in its case law regarding aliens." --
Author: David Moya Publisher: Immigration and Asylum Law and ISBN: 9789004465688 Category : Law Languages : en Pages : 308
Book Description
"This volume conducts an in-depth analysis of the ECtHR's case law in the area of migration and asylum, exploring the role of the Court in this area of law. Each chapter deals with the case law on one specific ECHR article that is relevant for migrants, asylum seekers and refugees. In addition, the volume is enriched by two additional studies which deal with issues that are treated in a transversal manner, namely vulnerability and the margin of appreciation. The volume systematises the case law on aliens' rights under the ECHR, offering readers the chance to familiarise themselves with or gain deeper insight into the main principles the Strasbourg court applies in its case law regarding aliens." --
Author: Hélène Lambert Publisher: Council of Europe ISBN: 9287160988 Category : Law Languages : en Pages : 76
Book Description
The law of the Council of Europe Convention on Human Rights relating to aliens has developed significantly over recent time. In 25 years the number of contracting States has doubled and the scope of rights and freedoms guaranteed under the convention has broadened with the adoption of new protocols. It is against this backdrop that The Position of Aliens in Relation to the European Convention on Human Rights is re-examined in a third edition.
Author: Publisher: Martinus Nijhoff Publishers ISBN: 9024732158 Category : Political Science Languages : en Pages : 486
Book Description
This book is a record of the proceedings of a colloquy on 'Human Rights of Aliens in Europe'. The Colloquy was organised by the Secretariat General of the Council of Europe, and held in Madiera, Portugal from the 17 to 19 October 1983. The three themes of the Colloquy were: the admission of aliens into the territory of the host country and their residence there, participation of aliens in public affairs (political and associative life) and the fact that aliens belong to various cultures and the tension which this creates. Separate sessions were devoted to each theme. On the admission of aliens to the territory of the host country and his residence there, it was proposed by one participant that only 'real' as opposed to 'fictitious' families should be considered as eligible to the special consideration of family reunification in the refugee admission procedure of states. It was pointed out, however, that it is far from easy to come to a clear definition of the 'family'. Discussion also touched on the right of aliens to have the assistance of an interpreter for legal civil, criminal and administrative proceedings, the relation of asylum and extradition, and what measures could be taken within the Council of Europe to promote better compliance on the part of states to European Conventions. On the participation of aliens in public affairs, there was discussion on the right of aliens, especially of migrant workers, to vote at the local level and the question of participation in home elections while abroad. Discussion on the third theme centered upon whether government immigration policy and the treatment of resident aliens should be based on a concept of aliens as being a threat to the European society or whether the contact between peoples brought about by immigration could result in mutually beneficial changes.
Author: Jean-François Renucci Publisher: Council of Europe ISBN: 9789287157157 Category : Law Languages : en Pages : 132
Book Description
The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.
Author: Helmut P. Aust Publisher: Edward Elgar Publishing ISBN: 1839108347 Category : Law Languages : en Pages : 296
Book Description
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Author: Janneke Gerards Publisher: ISBN: 9781780682174 Category : Convention for the Protection of Human Rights and Fundamental Freedoms ǂd (1950 November 5) Languages : en Pages : 0
Book Description
This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between the requirements set by the Court; the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention; the way in which these courts actually use these competences to deal with the Court's interpretative approaches; and the type of criticism that is levelled at the Court's case-law. These elements are studied from the perspective of the Court as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden and the United Kingdom. Analysing these elements separately enables a fruitful assessment of their interrelationship and provides a sound basis for a constructive debate on the implementation of the Convention in national law, which is based on solid constitutional foundations rather than assumptions and intuitions. The current book is therefore of great interest to those who are interested in debates on the interrelationship between the Court and the states - scholars, as well as judges, policy makers and politicians - but also to those who take a more general interest in constitutional implementation mechanisms, judicial powers and judicial argumentation.
Author: David Moya
Author: David Moya
Author: Hélène Lambert
Author: Andrew Z. Drzemczewski
Author: 
Author: Jean-François Renucci
Author: Helmut P. Aust
Author: Council of Europe/Conseil de L'Europe
Author: J. L. Murdoch
Author: Hélène Lambert
Author: Janneke Gerards