Search Results

Restricted Access

Violeta Moreno Lax

Restricted Access

Violeta Moreno Lax

Abstract

Whereas the EU is developing a highly protective Common European Asylum System in purported compliance with the Geneva Convention, it is also displaying growing reluctance to provide unhindered access to it to those in need. The question of physical access to protection is ambiguously dealt with within EU law. On the one hand, it appears that entry to the Schengen zone has been designed disregarding refugees' entitlement 'to special protection'. Prior to admission, refugees seem to have been assimilated to the broader class of (potentially illegal) immigrants and thus required to submit to general immigration conditions, including visa. On the other hand, some isolated EU law rules give the impression that refugees are to be exonerated from normal admittance requirements.This article intends to show how, 'in the light of present day conditions,' a contextual, dynamic and teleological interpretation of Articles 31 and 33 of the Geneva Convention as well as of Articles 3 ECHR and 2(2) of Protocol 4 ECHR require that the second set of EU rules be appropriately furthered.

Restricted Access

Violeta Moreno-Lax

Restricted Access

Violeta Moreno-Lax

Abstract

The Dublin Regulation establishes criteria and mechanisms for determining the Member State responsible for examining an application for asylum lodged in the European Union by a third-country national. The system is based on the presumption that Member States may be considered ‘safe countries’ for asylum seekers, for which reason transfers from one Member State to another are supposed not to violate the principle of non-refoulement. The fact that all Member States have acceded to the 1951 Refugee Convention and to the European Convention on Human Rights, that they share a pledge to establish a Common European Asylum System comprising harmonized protection standards, and that, as members of the Union, are obliged to respect and protect fundamental rights, constitute the unspoken premises on which the supposition rests. However, the Dublin Regulation does not establish whether the presumption should be considered absolute or rebuttable, and how and when, in the latter situation, it should be deemed refuted in the individual case. How the ‘principle of refutability’ has come into being in the case law of the European Court of Human Rights constitutes the focus of the present analysis. The review of the Strasbourg jurisprudence is accompanied by an assessment of the diverging practices that have proliferated across the EU in this regard. The paper concludes with some reflections on the impact of the M.S.S. judgement on the forthcoming reform of the Dublin system.

Restricted Access

'Boat Refugees' and Migrants at Sea: A Comprehensive Approach

Integrating Maritime Security with Human Rights

Series:

Edited by Violeta Moreno-Lax and Efthymios Papastavridis

This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.
Restricted Access

Series:

Violeta Moreno-Lax and Efthymios Papastavridis

Restricted Access

Series:

Violeta Moreno-Lax and Efthymios Papastavridis