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Vertical Judicial Dialogues in Asylum Cases Standards on Judicial Scrutiny and Evidence in International and European Asylum Law 1st Edition by Dana Baldinger ISBN 9004290710 9789004290716

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Vertical Judicial Dialogues in Asylum Cases Standards on Judicial Scrutiny and Evidence in International and European Asylum Law 1st Edition Dana Baldinger Digital Instant Download

Author(s): Dana Baldinger
ISBN(s): 9789004290723, 9004290729
Edition: 1
File Details: PDF, 2.37 MB
Year: 2015
Language: english
SKU: EB-51332238 Category: Tag:

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ISBN 10: 9004290710
ISBN 13: 9789004290716
Author: Dana Baldinger

What do international and EU law require from the national asylum judge with regard to the intensity of judicial scrutiny to be applied and evidentiary issues? To answer that question, an analysis is made of the provisions on national judicial proceedings contained in the Refugee Convention (RC), the International Covenant on Civil and Political Rights (ICCPR), the UN Convention against Torture (CAT), the European Convention on Human Rights (ECHR), and the EU Charter of Fundamental Rights. In addition, the assessment as performed by the UN Human Rights Committee, the UN Committee against Torture and the European Court of Human Rights in cases concerning the expulsion of asylum seekers is analysed.
 

Vertical Judicial Dialogues in Asylum Cases Standards on Judicial Scrutiny and Evidence in International and European Asylum Law 1st Edition Table of contents:

  1. Introduction

    • The Role of Judicial Dialogues in Asylum Law
    • Key Legal Frameworks: International, European, and Domestic Perspectives
    • Methodology and Scope of the Study

  2. Fundamental Principles of Asylum Law

    • The Right to Asylum in International and European Law
    • Non-Refoulement and the Prohibition of Expulsion
    • Fair Trial and Due Process in Asylum Procedures

  3. Judicial Scrutiny in Asylum Cases

    • The Concept and Levels of Judicial Scrutiny
    • Proportionality and Reasonableness in Judicial Review
    • The Role of Courts in Reviewing Executive Decisions

  4. Standards of Evidence in Asylum Proceedings

    • Burden and Standard of Proof in Asylum Claims
    • Assessing Credibility and Risk of Persecution
    • The Use of Country of Origin Information (COI)

  5. Judicial Interactions at the National and European Levels

    • The Role of National Courts in Interpreting Asylum Law
    • Preliminary References to the CJEU and Their Impact
    • The Influence of the European Court of Human Rights (ECtHR)

  6. Case Law Analysis: Best Practices and Divergences

    • Key ECtHR and CJEU Judgments on Asylum Law
    • National Court Approaches in Selected EU Member States
    • Trends in Judicial Reasoning and Interpretation

  7. The Influence of International Law and Soft Law Instruments

    • UNHCR Guidelines and Their Role in Judicial Decision-Making
    • The Impact of International Human Rights Treaties
    • The Interplay Between EU and International Legal Norms

  8. Challenges and Future Developments in Judicial Dialogues

    • Inconsistencies and Fragmentation in Asylum Jurisprudence
    • Strengthening Judicial Cooperation in Asylum Matters
    • Future Trends in Asylum Adjudication and Legal Reforms

  9. Conclusion

    • Key Findings and Implications for Judicial Practice
    • Recommendations for Enhancing Judicial Dialogue
    • The Evolving Role of Courts in Protecting Asylum Seekers

  10. Annexes

  • Selected Legal Texts and Judicial Guidelines
  • Comparative Table of Key Case Law
  • Bibliography and Further Reading

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