Další formáty:
BibTeX
LaTeX
RIS
@article{1854283,
author = {Moraru, Madalina Bianca},
article_number = {Special Issue},
doi = {http://dx.doi.org/10.2924/EJLS.2022.002},
keywords = {Court of Justice of the European Union; preliminary reference procedure; right to be heard; EU Charter of Fundamental Rights; general principles of EU law; visas; asylum; immigration; return procedures; remedies},
language = {eng},
issn = {1973-2937},
journal = {European Journal of Legal Studies},
title = {The European Court of Justice shaping the right to be heard for asylum seekers, returnees, and visa applicants : an exercise in judicial diplomacy},
url = {https://cadmus.eui.eu/handle/1814/74465},
volume = {14},
year = {2022}
}
TY - JOUR
ID - 1854283
AU - Moraru, Madalina Bianca
PY - 2022
TI - The European Court of Justice shaping the right to be heard for asylum seekers, returnees, and visa applicants : an exercise in judicial diplomacy
JF - European Journal of Legal Studies
VL - 14
IS - Special Issue
SP - 21-61
EP - 21-61
SN - 19732937
KW - Court of Justice of the European Union
KW - preliminary reference procedure
KW - right to be heard
KW - EU Charter of Fundamental Rights
KW - general principles of EU law
KW - visas
KW - asylum
KW - immigration
KW - return procedures
KW - remedies
UR - https://cadmus.eui.eu/handle/1814/74465
N2 - This article analyses a decade of jurisprudence of the Court of Justice of the European Union (CJEU, the Court) to show how the Court has shaped asylum seekers' and immigrants' right to be heard and to determine the added value of its jurisprudence to the protection of the right to be heard at EU and domestic levels. The article asks whether the CJEU has developed a specific conception of this right and whether this conception aligns with any of the existing scholarly characterisations of the CJEU's approach to migration: activism, passivism, idiosyncratic, or favouring the interpretation of governments or referring courts. The article finds that, taken together, the CJEU's judgments have shed light on the scope of application of the right to be heard and enhanced the overall protection of this right for asylum seekers, returnees, and visa applicants by crafting common standards of when and how to hear individuals and by delimitating tasks between administrative authorities and courts. The CJEU has thus filled significant gaps in EU secondary legislation on the protection of the right to be heard; established good conduct principles for administrative hearings; and empowered domestic courts to ensure the legal accountability of the executive and effective remedies for third-country nationals. Nevertheless, the domestic implementation of the right to be heard, as shaped by the CJEU, is still incoherent.
ER -
MORARU, Madalina Bianca. The European Court of Justice shaping the right to be heard for asylum seekers, returnees, and visa applicants : an exercise in judicial diplomacy. \textit{European Journal of Legal Studies}. 2022, roč.~14, Special Issue, s.~21-61. ISSN~1973-2937. Dostupné z: https://dx.doi.org/10.2924/EJLS.2022.002.
|
