What about the legislative process and discretion at the implementation level of the national legal arrangement of refugee treatment in Indonesia?My PhD research deals with the national legal... Show moreWhat about the legislative process and discretion at the implementation level of the national legal arrangement of refugee treatment in Indonesia?My PhD research deals with the national legal arrangement of refugee treatment in Indonesia. It focuses on two aspects: the lawmaking process and discretion at the implementation level, which it perceives as dialectical or cyclical, rather than separate processes. I look at three national legal instruments in particular:the right to asylum provision in the Constitution, the 2011 Immigration Law, and Presidential Regulation (PR) 125/2016 on the Treatment of Foreign Refugees. These legal instruments are important, but as I will show later, they are also problematic to deal with refugees in the context of Indonesia as a non-signatory state to the 1951 UN Refugee Convention or the 1967 Refuge Protocol. Show less
There has never been a more pertinent time to discuss the accountability and the legal responsibility of Frontex, the European Border and Coast Guard Agency, for fundamental rights violations. In a... Show moreThere has never been a more pertinent time to discuss the accountability and the legal responsibility of Frontex, the European Border and Coast Guard Agency, for fundamental rights violations. In a period that hosts the first legal actions vis-à-vis the agency and a series of relevant non-judicial investigations, including by the European Parliament, this dissertation aims to address the main problem underlying these accountability efforts, namely the ‘problem of many hands’. As conceptualised by Dennis Thompson, this problem is where the multiplicity of the actors involved obscures the various responsibilities and creates gaps in accountability.To address it, this work contests the dominant ways of looking at the concepts of responsibility and accountability, and reimagines them for their optimal function.It adopts a holistic approach, taking into account not only judicial, but also other forms of accountability, studying not only EU liability law, but also other legal remedies before the CJEU, the ECtHR, and domestic courts, building bridges between international and EU law, and traveling from the empirical to the conceptual, to the normative, and from there to the applied.It creates the foundations for the accountability of the agency inside and outside courts, within the EU borders and beyond. Show less
Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the right not be expelled to a country where they face the... Show moreAdequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the right not be expelled to a country where they face the risk of being subjected to human rights violations. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their asylum procedures. An important result of the adoption of the Procedures Directive is that asylum procedures now fall within the reach of the Charter and general principles of EU law. This book examines the meaning of the EU right to an effective remedy for the legality and the interpretation of the Procedures Directive. For this purpose the EU Courts' case-law on the EU right to an effective remedy is examined. The interpretation of the EU right to an effective remedy is inspired by international law. Therefore this book also extensively discusses the ECtHR's case-law as well as the views of the UNHCR and UN Committees concerning procedural rights for asylum applicants. The result of this exercise is a set of procedural standards with regard to several key issues of asylum procedures: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review of the establishment and qualification of the facts and the use of secret evidence. Show less
The book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. It defends the thesis that when European states... Show moreThe book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. It defends the thesis that when European states endeavor to control the movement of migrants outside their territories, they remain responsible under international law for upholding the rights of refugees and more general human rights. The book explores how refugee and human rights law responds to a phenomenon whereby states engage in external activity and seek cooperation with other actors in the context of migration control; how EU law governs and constrains the various types of pre-border migration enforcement employed by the Member States of the European Union; and examines the conformity with international law of current and unfolding practices of external migration control. Show less
This thesis addresses the question of whether the EU Common European Asylum System (CEAS) complies with the rights of the child. A significant proportion of people seeking asylum in EU countries... Show moreThis thesis addresses the question of whether the EU Common European Asylum System (CEAS) complies with the rights of the child. A significant proportion of people seeking asylum in EU countries are children. These children may be totally alone, with people who are not their customary caregivers or with members of their immediate family. In recognition of this phenomenon, the instruments that make up the CEAS often make specific provision for children, demonstrating an awareness on the part of the EU legislator of the existence and special needs of asylum-seeking children. However, the question arises as to whether these provisions and the instruments as a whole comply with the rights of the child. This question is particularly pertinent at the moment because respecting and promoting the rights of the child is a new legal and policy imperative of the EU and, furthermore, the CEAS is moving from its first to its second phase - a process that involves recasting most of the instruments. This book identifies key rights of the child that are relevant to the asylum context and explores the meaning of those rights as a matter of international and regional human rights law. It contrasts the normative requirements of those rights with the treatment of children in the CEAS, Phase One and proposed Phase Two. Show less
