The EU Fundamental Right to Asylum: In Search of its Legal
Meaning and Effects

C 2021

The EU Fundamental Right to Asylum: In Search of its Legal Meaning and Effects

MORARU, Madalina Bianca

Basic information

Original name

The EU Fundamental Right to Asylum: In Search of its Legal Meaning and Effects

Authors

MORARU, Madalina Bianca (642 Romania, guarantor, belonging to the institution)

Edition

1. vyd. UK, Fundamental Rights in the EU Area of Freedom, Security and Justice, p. 139-158, 20 pp. 2021

Publisher

Cambridge University Press

Other information

Language

English

Type of outcome

Kapitola resp. kapitoly v odborné knize

Field of Study

50501 Law

Country of publisher

United Kingdom of Great Britain and Northern Ireland

Confidentiality degree

není předmětem státního či obchodního tajemství

Publication form

electronic version available online

References:

Web nakladatele

RIV identification code

RIV/00216224:14220/21:00122140

Organization unit

Faculty of Law

ISBN

978-1-108-76900-6

DOI

http://dx.doi.org/10.1017/9781108769006.010

UT WoS

001109447000010

Keywords in English

asylum; migration; Court of Justice; European Court of Human Rights; EU fundamental right to asylum

Abstract

V originále

The EU fundamental right to asylum, enshrined in Article 18 of the Charter, has always been a subject of scholarly debate. While some scholars have interpreted Article 18 as limited to a right to seek asylum, others have argued that it also confers an individual right to be granted asylum under certain conditions. Clarifying the scope and effects of the EU fundamental right to asylum is no longer of purely academic interest; courts across the EU are increasingly faced with complaints regarding its violation following the EU’s and Member States’ policy responses to the 2015 refugee crisis. The debate has been fuelled by the broad wording of the EU fundamental right to asylum, defined in relation to the rules of the Refugee Convention and EU Treaties. This chapter considers the scope of Article 18 of the Charter compared to the principle of non-refoulement guaranteed by the 1951 Refugee Convention; the extraterritorial application of the EU fundamental right to asylum and its content; and the main actors contributing to the normative clarification of the right to asylum. The chapter demonstrates the added value of the EU fundamental right to asylum as reflected in its various functions at EU and national levels.

Citovat

MORARU, Madalina Bianca. The EU Fundamental Right to Asylum: In Search of its Legal Meaning and Effects. Online. In Sara Iglesias Sánchez and Maribel González Pascual. Fundamental Rights in the EU Area of Freedom, Security and Justice. 1st ed. UK: Cambridge University Press, 2021, p. 139-158. ISBN 978-1-108-76900-6. Available from: https://dx.doi.org/10.1017/9781108769006.010.

@inbook{1787039,
   author = {Moraru, Madalina Bianca},
   address = {UK},
   booktitle = {Fundamental Rights in the EU Area of Freedom, Security and Justice},
   doi = {http://dx.doi.org/10.1017/9781108769006.010},
   edition = {1},
   editor = {Sara Iglesias Sánchez and Maribel González Pascual},
   keywords = {asylum; migration; Court of Justice; European Court of Human Rights; EU fundamental right to asylum},
   howpublished = {elektronická verze "online"},
   language = {eng},
   location = {UK},
   isbn = {978-1-108-76900-6},
   pages = {139-158},
   publisher = {Cambridge University Press},
   title = {The EU Fundamental Right to Asylum: In Search of its Legal Meaning and Effects},
   url = {https://www.cambridge.org/core/books/fundamental-rights-in-the-eu-area-of-freedom-security-and-justice/eu-fundamental-right-to-asylum-in-search-of-its-legal-meaning-and-effects/95F7B1C19941E9A7D936A1AB86AE0FE1},
   year = {2021}
}

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ID  - 1787039
AU  - Moraru, Madalina Bianca
PY  - 2021
TI  - The EU Fundamental Right to Asylum: In Search of its Legal Meaning and Effects
VL  - Neuveden
PB  - Cambridge University Press
CY  - UK
SN  - 9781108769006
KW  - asylum
KW  - migration
KW  - Court of Justice
KW  - European Court of Human Rights
KW  - EU fundamental right to asylum
UR  - https://www.cambridge.org/core/books/fundamental-rights-in-the-eu-area-of-freedom-security-and-justice/eu-fundamental-right-to-asylum-in-search-of-its-legal-meaning-and-effects/95F7B1C19941E9A7D936A1AB86AE0FE1
N2  - The EU fundamental right to asylum, enshrined in Article 18 of the Charter, has always been a subject of scholarly debate. While some scholars have interpreted Article 18 as limited to a right to seek asylum, others have argued that it also confers an individual right to be granted asylum under certain conditions. Clarifying the scope and effects of the EU fundamental right to asylum is no longer of purely academic interest; courts across the EU are increasingly faced with complaints regarding its violation following the EU’s and Member States’ policy responses to the 2015 refugee crisis. The debate has been fuelled by the broad wording of the EU fundamental right to asylum, defined in relation to the rules of the Refugee Convention and EU Treaties. This chapter considers the scope of Article 18 of the Charter compared to the principle of non-refoulement guaranteed by the 1951 Refugee Convention; the extraterritorial application of the EU fundamental right to asylum and its content; and the main actors contributing to the normative clarification of the right to asylum. The chapter demonstrates the added value of the EU fundamental right to asylum as reflected in its various functions at EU and national levels.
ER  -

MORARU, Madalina Bianca. The EU Fundamental Right to Asylum: In Search of its Legal Meaning and Effects. Online. In Sara Iglesias Sánchez and Maribel González Pascual. \textit{Fundamental Rights in the EU Area of Freedom, Security and Justice}. 1st ed. UK: Cambridge University Press, 2021, p.~139-158. ISBN~978-1-108-76900-6. Available from: https://dx.doi.org/10.1017/9781108769006.010.

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