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

In June 2013, after lengthy and complex negotiations the EU adopted the recast asylum package which represents a significant step forward in the future development of CEAS.

In this timely study Velluti provides fresh insights into recent legislative and judicial developments in asylum and through the lens of sovereignty she looks at some of the contemporary challenges faced by the EU protection regime, with a particular focus on asylum-seekers' rights.

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.

Through a comparative analysis of selected ECtHR and ECJ asylum cases the book also examines the constitutional relationship between the two European Courts and how it impacts on the human rights of asylum-seekers and on the future of EU asylum law.

Ultimately, the book shows that real progress in the development of the human rights dimension of CEAS will be achieved largely through the European and domestic courts.

Provides an original account of the underlying tensions between the two conflicting rationales upon which CEAS rests, i.e. a security paradigm and a rights-based approach, using the lens of sovereignty as an essentially contested concept Provides fresh insights into recent legislative and judicial developments in EU asylum law Provides detailed comparative analysis of the asylum case-law of the ECtHR and the ECJ vis-à-vis the ECHR and the EUCFR Critically reflects on the constitutional relationship between the two European Courts and how it impacts on asylum-seekers' rights and the future of CEAS Includes supplementary material: sn.pub/extras

Contenu
Introduction.- The road to the Common European Asylum system: from Amsterdam to Lisbon and beyond.- Recasting of asylum legislation: Nolumus leges mutari.- The Role of the European Courts in ensuring adequate standards of asylum-seekers' human rights' protection in Europe after Lisbon.- CEAS, asylum-seekers and EU human rights post-Lisbon: closing the gaps in the European protection regime.