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Refugee Rights in the European Union and Judicial Precedent of European Court of Human Rights

Articles in Press

Document Type : Article

Authors

1 Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Ph.D. Student in international law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract

After the end of the world wars, one of the main crises in Europe is the influx of refugees. Following the establishment of the European Union controlling the refugee affairs in the territory of the European Union is considered as one of the most important priorities of the EU member states with regard to the protection of the rights of refugees. The present study seeks to examine how the rights of refugees are guaranteed in the European Union. The assumption is that the method of guaranteeing the rights of refugees can be examined in two stages. Upon arrival in the European Union, refugees shall be subject to the rules adopted by the EU's legislative bodies on the rights of refugees when registering and examining an asylum application and following the acceptance of their asylum application and residence in the Member States of the Union, their rights are guaranteed by the European Court of Human Rights through the establishment of important judicial precedent. The commitment to guarantee the rights provided to refugees by the initiatives of the European Union and the European Court of Human Rights is in line with other human rights obligations in this area.

Keywords

Main Subjects

References

  1. English

    1. A) Books
    2. Cuyvers, A., Ugirsashebuya, E., EvdasRuhangisa, J., & Ottervanger, T.(2017). East African Community Law. Brill.
    3. Mole, N., & Meredith, C. (2010). Asylum and the European Convention on Human Rights. Council of Europe Publishing.

     

    1. B) Articles
    2. Ardenauer, K., Krause, C., & Wientzel, O. (2017). lessons from the Stress test: What the EU has Learned and still Needs to Learn From refugee Crisis. Konrad Adenauer Stiftung, 1-18.
    3. Digidiki, V., & Bhabha, J. (2022). EU Migration Pact fails to Address Human Rights Concerns in Lesvos. Greece. Health and Human Rights, 22, 291-296.
    4. Durieux, Jean.F (2008). Salah Sheekh is a Refugee: New Insights into Series. Refugees Studies Center, 49, 1-21.
    5. Ette, A., & Verlag, B. (2017). Stocktaking the Europeanizing of Refugees and Migration Policies.
    6. Fullerton, M. (2017). Refugees and the Primacy of European Human Rights Law. UCLA Journal of International Law and Foreign Affairs, 21 (1), 45-69.
    7. Gabel, M.j. (2021). European Union. Encyclopedia Britannica, Available at: //www.britannica.com/topic/European-union.
    8. Sullivan, D. J., & Hawkins, A. (2019). Migrants and Refugees. Horizons Journal of International Relations and Sustainable Development, 13, Special Double Issue: The Great Game, 240-242.
    9. Weil, G. (1963). The Evolution of the European Convention on Human Rights. The American Journal of International Law, 57 (4), 804-
    10. Weilharber, L. (2007). The European Convention on Human Rights and International Law. The International Comparative Law Quarterly, 56 (2), 217-232.

     

    1. C) Documents
    2. Convention for the Protection of Human Rights and Fundamental Freedoms, Nov.4,1950.
    3. Council Directive, (EC), Concerning the Establishment of “EURODAC” for the Comparison of Fingerprints for the Dublin Convention, No. 2725/2000, 2000.
    4. Council Regulation, (EC), Establishing the Criteria and Mechanisms for Determining the members State Responsible for Examining an Asylum Application Lodged in one of the Member State by third Country national, No.343/2003, 18 Feb 2003.
    5. Council Directive, (EC), on Minimum Standards for Giving Temporary Protection in the Event of a Mass Influx of Displaced Persons and on the Measures Promoting a Balance of Efforts Between Member States in receiving such Persons and Bearing the Consequences thereof, No. 55, 2001.
    6. Council Directive, (EC), on Minimum Standards for the Qualification and Status of Third Country Nationals or Stateless Persons as Refugees or as Persons who otherwise Need international Protection and the Content of the Protection Granted, No.83, 2004.
    7. Council Directive, (EU), on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status, No.58, 2005.
    8. Draft Charter of Fundamental Rights of European Union, 2000.
    9. European Union, Treaty on European Union (Consolidated Version), Treaty of Maastricht, 7 February 1992, Official Journal of the European Communities C 325/5; 24 December 2002.
    10. Regulation, (EU), No 604/2013 of the European Parliament and of the Council of 26 June 2013, Establishing the Criteria and Mechanisms for Determining the Member State Responsible for Examining an Application for International Protection lodged in one of the Member States by a Third-Country National or a Stateless Person.
    11. Statute of the Council of Europe: London, 5th May 1949.
    12. UN General Assembly, Convention Relating to the Status of Refugees, 28 July 1951, United Nations, Treaty Series, vol. 189, p. 137.
    13. UN General Assembly, Protocol Relating to the Status of Refugees, 31 January 1967, United Nations, Treaty Series, vol. 606, p. 267.
    14. UN General Assembly, Statute of the Office of the United Nations High Commissioner for Refugees, 14 December 1950, A/RES/428(V)
    15. UN General Assembly, Universal Declaration of Human Rights, 10 December 1948.
    16. Vienna Declaration and Program of Action, Un, GAOR, World Conference on Human Rights, 48th Session, 1993.
    17. D) Cases
    18. Bensaid v. The United Kingdom, 44599/98, Council of Europe: European Court of Human Rights, 6 May 2001.
    19. Chahal v. The United Kingdom,70/1995/576/662, Council of Europe: European Court of Human Rights, 15 November 1996.
    20. Conka v. Belgium, 51564/99, Council of Europe: European Court of Human Rights, 5 February 2002.
    21. Assenov and Others v. Bulgaria, 90/1997/874/1086, Council of Europe: European Court of Human rights, 28 October 1998.
    22. Drozd and Janousek v France and Spain, Admissibility and Merits, 12747/87, A/240, Council of Europe: European Court of Human rights, 26th June 1992.
    23. Hurtado Switzerland, 37/1993/432/511, Council of Europe: European Court of Human Rights, 28 January 1994.
    24. Hirsi jamaa and others v. Italy, 27765/09, Council of Europe; European Court of Human Rights, 23 February 2012.
    25. Koua Poirrezv France, Merits, 40892/98, Council of Europe: European Court of Human Rights, 30th September 2003.
    26. Maaouia v. France, 39652/98, Council of Europe: European Court of Human Rights, 5 October 2000.
    27. N v. Sweden, 23505/09, Council of Europe: European Court of Human Rights, 20 July 2010.
    28. Nasri v. France, 18/1994/465/546, Council of Europe: European Court of Human Rights, 21 June 1995.
    29. Salah Sheekh v. the Netherlands, 1948/04, Council of Europe: European Court of Human Rights, 11 January 2007.
    30. Soering v. The United Kingdom, 1/1989/161/217, Council of Europe: European Court of Human Rights, 7 July 1989.
    31. Thilmmenos v. Greece, 34369/97, Council of Europe: European Court of Human Rights, 6 April 2000.

     

    References in Persian:

    - Article

    1. Mousazadeh, R., & Azarpendar, H. (2018). The Process of Transformation of the Concepts of Refugee and Asylum Seeker. Foreign Policy, 32 (1), 5-28 (In Persian).
Public Law Studies Quarterly

Articles in Press, Accepted Manuscript
Available Online from 21 December 2024
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History
  • Receive Date: 31 January 2022
  • Revise Date: 11 April 2022
  • Accept Date: 22 May 2022
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