Safe access to asylum in Europe normative assessment of safe pathways to protection in the legal Context of the European Union. auline Endres de Oliveirac

Format:

Book

Author/Creator:

Endres de Oliveira, Pauline.

Series:

Schriften Zum Migrationsrecht Series

Schriften zum Migrationsrecht series Band 45

Language:

English

Physical Description:

1 online resource (268 pages)

Edition:

1st ed.

Place of Publication:

Baden-Baden Nomos 2024

Contents:

Cover

Part 1: Introduction

1 The asylum paradox

2 Aim and research questions

3 Scope of the book

3.1 Definitions and delimitations: 'protection seekers', 'safe pathways to protection' and the notion of 'State'

3.1.1 Protection seekers

3.1.2 Safe pathways to protection

3.1.3 The notion of 'State'

3.2 Legal sources

4 Structure and methodology

4.1 Normative reconstruction of the status quo: developing a responsibility framework

4.2 Structured analysis and normative assessment: safe pathways in the light of the responsibility framework

5 Legal context and state of research

5.1 No asylum without access: the absence of an 'entry right' to seek protection

5.1.1 The limited scope of the right to seek asylum and the principle of non-refoulement

5.1.2 The scope of non-refoulement in 'asylum visa' cases

5.2 No access to asylum: the legality of border and migration control with a view to access to protection

5.3 The relation of sovereignty and human rights in refugee law

5.4 Studies of safe pathways to protection

Part 2: The responsibility framework

6 A principle-based normative concept

6.1 The notion of principles: from legal principles to principles in legal philosophy

6.2 The notion and structuring function of principles in this book

6.3 The normative function of responsibility principles

7 Internal responsibility

7.1 Point of departure: sovereignty as structural principle governing access to territory

7.1.1 From Westphalian sovereignty to State autonomy

7.1.2 Sovereignty and the concept of asylum

7.1.3 Sovereignty claims in migration and border control

7.2 Sovereignty as responsibility

7.3 The scope of the internal responsibility

7.4 Conclusion

8 External responsibility.

8.1 Point of departure: human rights as structural principles governing access to protection

8.1.1 The universal scope of human rights and refugee law

8.1.2 Key human rights provisions governing access to protection in the EU

8.2 Human rights as basis of an external responsibility

8.3 The scope of the external responsibility in the territorial context

8.4 Conclusion

9 Inter-State responsibility

9.1 Point of departure: solidarity as structural principle of the international protection framework

9.1.1 The principle of solidarity at international level

9.1.2 The principle of solidarity in the legal context of the EU

9.2 The principle of inter-State responsibility

9.3 Acting upon a principle of inter-State responsibility: responsibility-sharing arrangements at international level

9.3.1 Three main approaches: 'common responsibility', 'common but differentiated responsibility' and 'emergency solidarity'

9.3.2 Proposals for responsibility-sharing schemes: from the 'Comprehensive Plan of Action' to 'Regional Disembarkation Platforms'

9.3.3 The New York Declaration for Refugees and Migrants and the UN Global Compacts of 2018

9.4 Conclusion

10 Conclusion Part 2: the responsibility framework as analytical assessment tool

10.1 The triad of responsibility principles underlying the asylum paradox

10.2 The three functions of the responsibility framework

10.2.1 The analytical function: unpacking safe pathways through the responsibility lens

10.2.1.1 Assessment standards following from the internal responsibility

10.2.1.2 Assessment standards following from the external responsibility

10.2.1.3 Assessment standards following from the inter-State responsibility

10.2.2 The heuristic function of the responsibility framework: revealing tensions and trade-offs.

10.2.3 The normative function of the responsibility framework: key considerations for the assessment

10.2.3.1 Migration control and deterrence

10.2.3.2 Individual access and procedural safeguards

10.2.3.3 Common but differentiated responsibility

10.3 The strengths and limits of a responsibility-based approach

Part 3: Safe pathways to protection in the light of the responsibility framework

11 The asylum visa

11.1 Definition: clarifying the term 'asylum visa'

11.2 Background: the role of embassies in offering protection

11.2.1 Diplomatic asylum

11.2.2 Historic precedents of 'protective passports' in Europe

11.3 From then to now: the relevance of 'humanitarian visas' in the legal context of the EU

11.3.1 EU visa regulations with impact on protection seekers

11.3.2 The role of carrier sanctions on access to protection

11.3.3 National policies of granting 'humanitarian visas' in the EU

11.4 The decisions of the CJEU and the ECtHR in 'asylum visa' cases

11.4.1 A short note on extraterritorial jurisdiction

11.4.2 The CJEU case X and X and the ECtHR case M.N.

11.4.3 The relevance of the case N.D. and N.T.

11.4.4 Summarising the approach of this book: a dynamic interpretation of human rights in asylum visa cases

11.5 Access through an 'asylum visa' at EU level

11.5.1 'Who': protection seekers

11.5.2 'How': asylum visa procedures

11.5.3 'What': the protection status granted through an asylum visa scheme

11.6 Analysis and assessment of the asylum visa in the light of the responsibility framework

11.6.1 External responsibility

11.6.1.1 Beneficiaries: 'anyone anywhere' under a severe human rights risk

11.6.1.2 Asylum visa procedures with individual rights and guarantees

11.6.1.3 Content of protection: access to national asylum procedures

11.6.2 Internal responsibility.

11.6.2.1 Beneficiaries: no margin of discretion

11.6.2.2 Asylum visa procedures: migration control with limits

11.6.2.3 Content of protection: access to the national asylum procedure

11.6.3 Inter-State responsibility

11.6.3.1 Beneficiaries: no large-scale admission or consideration of State interests

11.6.3.2 Asylum visa procedures: paradigm change in responsibility allocation and issues of international cooperation

11.6.3.3 Content of protection: the relevance of a long-term perspective

11.7 Tensions and trade-offs raised by asylum visa schemes

11.7.1 Safe access to embassies and physical safety during the procedures

11.7.2 Legal access to the procedures and legal safeguards

11.7.3 The 'floodgate' argument

11.7.4 Limits of the asylum visa in terms of scope, numbers and predictability

11.7.5 Interim conclusion: the asylum visa as human rights tool

11.8 Conclusion: the asylum visa as paradigm shift

12 Resettlement

12.1 Defining resettlement

12.2 Background

12.2.1 Resettlement at international level

12.2.2 Resettlement in the EU

12.3 Access through resettlement

12.3.1 'Who': 'resettled refugees'

12.3.2 'How': resettlement procedures

12.3.3 'What': the protection status of 'resettled refugees'

12.4 Analysis and assessment of resettlement in the light of the responsibility framework

12.4.1 External responsibility

12.4.1.1 Beneficiaries of resettlement: from vulnerability to IDPs

12.4.1.2 Resettlement procedures: from one 'gatekeeper' to another

12.4.1.3 Content of protection: no uniform resettlement status

12.4.2 Internal responsibility

12.4.2.1 Utilitarian admission criteria and links to migration control

12.4.2.2 Flexible procedures and discretionary status

12.4.3 Inter-State responsibility.

12.4.3.1 Beneficiaries and procedures: from 'cherry picking' to limited quotas and political leverage

12.4.3.2 Content of protection: predictability

12.5 Tensions and trade-offs raised by resettlement

12.5.1 The discretionary nature of resettlement: from 'filters' to 'gatekeepers'

12.5.2 Resettlement and territorial asylum

12.6 Conclusion: resettlement between solidarity and political leverage in migration control

13 Ad hoc humanitarian admission

13.1 Defining ad hoc humanitarian admission

13.2 Background

13.3 Access through ad hoc humanitarian admission

13.3.1 'Who': beneficiaries of ad hoc humanitarian admission

13.3.2 'How': ad hoc humanitarian admission procedures

13.3.3 'What': the status granted through ad hoc humanitarian admission

13.4 Analysis and assessment of ad hoc humanitarian admission in the light of the responsibility framework

13.4.1 External responsibility

13.4.1.1 Beneficiaries: from the 'one-to-one' approach to 'close-tie' requirements

13.4.1.2 Ad hoc admission procedures: silence on procedural guarantees

13.4.1.3 Content of protection: access vs. rights

13.4.2 Internal responsibility: State discretion at peak

13.4.3 Inter-State responsibility: ad hoc admissions as acts of 'emergency solidarity'

13.5 Tensions and trade-offs arising through ad hoc humanitarian admission

13.5.1 The 'good' refugee and the 'bad' asylum seeker

13.5.2 The controversial nature of the 'close-tie' requirement

13.5.3 Access vs. rights

13.6 Conclusion: ad hoc humanitarian admission as emergency solidarity and State discretion at peak

14 Sponsorship schemes

14.1 Defining sponsorship schemes

14.2 Background

14.2.1 International perspective: the Canadian private sponsorship scheme as a role model

14.2.2 Sponsorship schemes in the legal context of the EU.

14.3 Access through sponsorship schemes.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

9783748939269

OCLC:

1435753087

Access Restriction:

Open Access Unrestricted online access