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The Supreme Court will be the centre of political attention this week when the government’s appeal of last month’s High Court ruling on the triggering of Article 50 is heard. Robert Hazell and Harmish Mehta offer an overview of what the case is about, the likely outcome and its implications for the Brexit timetable.
Starts: Dec 5, 2016 12:00:00 AM
Albert Weale argues that the Article 50 case did not represent the judges against the people, as some newspaper headlines suggested, but the judges for the people. More...
Starts: Nov 18, 2016 12:00:00 AM
Meet the people who will deal the cards that could seal Britain's fate - on Europe's behalf.
Uta Staiger and Nicholas Wright (UCL)
18 November 2016
Starts: Nov 18, 2016 12:00:00 AM
This section covers European countries’ treatment of refugees,
irregular migrants and asylum seekers, and the case study of the Syrian crisis.
1. POLICY BRIEFING
This policy briefing discusses key practical aspects
of refugee protection, as well as questions of racism and xenophobia in
Europe. In particular, it addresses:
2. BIBLIOGRAPHY AND ONLINE RESOURCES
I. Key Reading
- Council of Europe Commissioner for Human Rights, Issue Paper: ‘The Right to Leave a Country’, October 2013.
II. The Right to leave a country
Relevant Legal Framework
- Article 13.2 of the Universal Declaration of Human Rights (‘UNDHR’).
- Articles 12.2 and 12.3 of the International Covenant on Civil and Political Rights (‘ICCPR’).
- Article 2.2 of Protocol No. 4 to the European Convention of Human Rights (‘ECHR’).
- Article 8.1 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- UN Human Rights Committee in 1999, General Comment No. 27: Freedom of movement (Art.12) (11/02/1999) CCPR/C/21/Rev.1/Add.9, accessed 2 March 2014.
- D. Kochenov, ‘The Right to Leave Any Country’ in R. Plender (ed), International Migration Law (Martinus Nijhoff 2012), accessed 2 March 2014.
- C. Harvey and R. P. Barnidge, Jr, ‘The right to leave one’s own country under international law’, Global Commission on International Migration, September 2005, accessed 2 March 2014.
- S. S. Juss, 'Free Movement and the World Order', (2004) 16 Int J Refugee L 289.
- C. Dauvergne, ‘Sovereignty, Migration and the Rule of Law in Global Times’ (2004) 67(4) MLRev 588.
- S. Jagerskiold, ‘The Freedom of Movement’ in L. Henkin (ed), The International Bill of Rights: The Covenant on Civil and Political Rights (Columbia University Press 1981) 166.
III. The right to seek asylum in Europe
Relevant Legal Framework
- Article 14.1 UNDHR.
- UN Convention relating to the Status of Refugees.
- Article 3 ECHR (in respect of non-refoulement).
Additionally, in relation to EU Member States only:
- Article 18 of the EU Charter of Fundamental Rights (EUCFR).
- Article 19 EUCFR.
- EU Regulation No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (‘recast Dublin Regulation’).
- Council Regulation No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (‘FRONTEX Regulation’).
- Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast).
- Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status.
- Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers.
- Council Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof.
For a general overview of the EU system, see:
- European Commission Directorate-General on Home Affairs, Policies: European Asylum System, accessed 2 March 2014.
- European Commission Directorate-General on Home Affairs, Policies: Immigration Policy (Irregular Migration), accessed 2 March 2014.
- UN High Commissioner for Refugees (UNHCR), ‘Beyond Proof, Credibility Assessment in EU Asylum Systems: Full Report’, May 2013, accessed 3 March 2014.
- Frontex, ‘Annual Risk Analysis 2013’, April 2013, particularly pp 26-29.
- European Commission, ‘Policy Plan on Asylum: An Integrated Approach to Protection Across the EU’, June 2008, COM(2008) 360 final, accessed 2 March 2014.
- E. Guild and V. Moreno-Lax, ‘Current Challenges regarding the International Refugee Law, with focus on EU Policies and EU Co-operation with UNHCR’, CEPS Paper in Liberty and Security in Europe no 59, September 2013, accessed 3 March 2014.
- C. Costello, ‘Courting Access to Asylum in Europe: Recent Supranational Jurisprudence Explored’, (2012) Human Rights Law Review 287
- V. Moreno-Lax, ‘Hirsi Jamaa and Others v. Italy or the Strasbourg Court versus extraterritorial migration control?’ (2012) 12.3 Human Rights Law Review 574
- G Goodwin-Gill, 'The Right to Seek Asylum: Interception at Sea and the Principle of Non-Refoulement', (2011) International Journal of Refugee Law 443
- V. Mantouvalou, ‘N v UK: No Duty to Rescue the Nearby Needy?’, (2009) 72 Modern Law Review 815
- A Fischer-Lescano, T Lohr, T Tohidipur, 'Border controls at sea: requirements under international human rights and refugee law', (2009) International Journal of Refugee Law 256
- A. Edwards, ‘Human Security and the Rights of Refugees: Transcending the Territorial and Disciplinary Borders’ (2009) 30 Michigan J Int’l L 763
- E. Guild, ‘The Europeanisation of Europe's Asylum Policy’ (2006) 18 Int J Refugee Law 630
- G. Gilbert, ‘Is Europe Living Up to Its Obligations to Refugees?’(2004) 15:5 EJIL 963.
- Hirsi Jamaa and Others v. Italy, 23 February 2012, App No 27765/09.
- M.S.S. v Belgium and Greece, 21 January 2011, App No 30696/09.
- N v UK, 27 May 2008, App No 26565/05.
- Case C-79/13 Saciri and others, 27 February 2014, not yet reported.
- Case C-411/10, NS v Secretary of State for the Home Department, 21 December 2011, not yet reported.
IV. News items, policy reports and other materials relating to the Syrian crisis
- Council of Europe Commissioner for Human Rights, ‘Syrian refugees: a neglected human rights crisis in Europe’, Human Rights Comment 20 December 2013, accessed 2 March 2014.
- ECRE/ELENA, ‘Information Note on Syrian Asylum Seekers and Refugees in Europe’, November 2013, accessed 3 March 2014.
- M. Garlick, ‘Displacement from Syria: putting the Common European Asylum System to the test?’, Special Lecture Podcast, Refugee Studies Centre, Oxford Department of International Development, 24 October 2013, accessed 3 March 2014.
- ‘Syria crisis: UNHCR urges EU states to uphold Common Asylum System principles’ UNHCR Central Europe, 18 October 2013, accessed 3 March 2014.
- C. Fandrich, ‘Healing a Neighbourhood: Potential EU Responses to the Syrian Refugee Crisis’, EUI Migration Policy Centre Policy Brief, July 2013, accessed 3 March 2014.
- ‘EU experiences surge of asylum-seekers from Syria’, EurActiv.com 10 July 2013, accessed 3 March 2014.
- Frontex, ‘Quarterly Report: January-March 2013’, July 2013, accessed 3 March 2014, particularly pp 15-33.