Legislative developments and judicial activism of the European Courts
Includes bibliographical references.
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.
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.