Vertical Judicial Dialogues in Asylum Cases : Standards on Judicial Scrutiny and Evidence in International and European Asylum Law.

Vertical Judicial Dialogues in Asylum Cases : Standards on Judicial Scrutiny and Evidence in International and European Asylum Law.

Vertical Judicial Dialogues in Asylum Cases attempts to answer the question what international and EU law require from the national asylum judge with regard to the intensity of judicial scrutiny and issues of evidence.

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Bibliographic Details
Main Author: Baldinger, Dana
Format: eBook
Language:English
Published: Leiden : BRILL, 2015.
©2015
Series:Immigration and asylum law and policy in Europe.
Subjects:
Convention Relating to the Status of Refugees > (1951 July 28). > Protocols, etc. > (1967 January 31)
International Covenant on Civil and Political Rights > (1966 December 16)
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment > (1984 December 10)
Convention for the Protection of Human Rights and Fundamental Freedoms > (1950 November 5)
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Convention for the Protection of Human Rights and Fundamental Freedoms
Convention Relating to the Status of Refugees (1951 July 28)
International Covenant on Civil and Political Rights
Asylum, Right of > European Union countries.
Asylum, Right of.
Emigration and immigration law.
LAW > Constitutional.
LAW > Public.
Asylum, Right of
Emigration and immigration law
Right of asylum.
Judicial review.
Evidence.
Procedure.
Refugees.
Emigration and immigration.
Fair trial proceedings.
Regional instruments.
International instruments.
European Union countries
Online Access:Click for online access
Table of Contents:
  • Vertical Judicial Dialogues in Asylum Cases: Standards on Judicial Scrutiny and Evidence in International and European Asylum Law; Copyright; Contents; Acknowledgments; List of Abbreviations and Acronyms; 1: Introduction; 1.1 Research Context and Reasons; 1.2 Research Questions; 1.3 Sources and Methodology; 1.4 Methods and Rules of Interpretation; 1.5 Structure of the Book; 1.6 Limitations of the Research; 1.7 State of the Art; 2: The 1951 Convention Relating to the Status of Refugees (rc) and the1967 Protocol (rp) Relating to the Status of Refugees; 2.1 Introduction.
  • 2.2 Article 16: Access to Courts2.3 Procedural Rights in Expulsion Cases: Article 32; 2.4 Articles 16 and 32: The unhcr's Position on Evidence and Judicial Scrutiny; 2.5 The Requirement of Co-operation with the UNHCR; 2.6 Concluding Remarks; 3: The 1966 International Covenant on Civil and Political Rights (ICCPR); 3.1 Introduction; ICCPR, Part 1: Provisions on National Proceedings; Issuesof Intensity of Judicial Scrutiny and Evidentiary Issues in NationalJudicial Proceedings; 3.2 Basics: Introduction to the Provisions on National Proceedings.
  • 3.3 The Provisions on National Proceedings in the Context of National Asylum Court Proceedings3.4 Article 14: Intensity of National Judicial Scrutiny and Issues of Evidence; ICCPR, Part 2: The Assessment Performed by the hrc in Cases on the Expulsion of Asylum Seekers; 3.5 The Assessment Performed by the hrc in Cases on Expulsion of Asylum Seekers; 3.6 Concluding Remarks; 4: The 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); 4.1 Introduction; CAT, PART 1: Provisions on National Proceedings.
  • Issues of Intensity of Judicial Scrutiny and Evidentiary Issues in NationalJudicial Proceedings4.2 The CAT's Provisions on National Proceedings: Introduction and Asylum Context; 4.3 Impartial Investigation under Articles 12 and 13 CAT; 4.4 Article 15: The Prohibition on Using Evidence Obtained underTorture; CAT, PART 2: The Assessment Performed by the Committee against Torture in Cases on Expulsion of Asylum Seekers; 4.5 The Assessment Performed by the Committee against Torture; 4.6 Concluding Remarks.
  • 5: The 1950 European Convention for the Protection of HumanRights and Fundamental Freedoms (ECHR)5.1 Introduction; ECHR, PART 1: Provisions on National Proceedings: Issues of Intensity of Judicial Scrutiny and Evidentiary Issues in National Judicial Proceedings; 5.2 Basics: Introduction to the Provisions on National Proceedings; 5.3 The Provisions on National Proceedings in the Asylum Context; 5.4 Issues of Intensity of Judicial Scrutiny under Article 6, FirstParagraph; 5.5 Article 6, First Paragraph: Evidentiary Issues in National Court Proceedings.

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