Adjudicating Asylum as a Technical Matter at the Court of Justice of the European Union: Neglecting Human Rights when the CEAS Appears to be in Jeopardy?

Publikation: Bidrag til bog/antologi/rapportBidrag til bog/antologiForskningfagfællebedømt

The political sensitivity and growing informalisation of EU asylum governance has only increased the importance of non-elected institutions such as the Court of Justice of the European Union. Yet, a systematic analysis of the Court’s jurisprudence casts doubts on its ability to remain immune to the shifts in (con)temporary 5 political winds blowing through the Union. In fact, an empirical study of all asylum-related preliminary rulings reveals a disquieting trend: the Court has adopted an administrative, passivist role within the area. Its distinguishing features include an overzealous conce rn for the technicalities of the legislative instruments before it and sparse to no references to human rights instruments or values in the operative parts of the judgments. In light of the symbolic power carried by the Court’s language, this trend risks sending the wrong signal to national judicial authorities; namely, that addressing concerns for the survival of the asylum system can legitimately trump concerns for the individuals caught in it.
OriginalsprogEngelsk
TitelThe Informalisation of the EU’s External Action in the Field of Migration and Asylum
RedaktørerEva Kassoti, Narin Idriz
Antal sider23
ForlagT.M.C. Asser Press
Publikationsdato2022
Sider169–191
Kapitel9
ISBN (Trykt)9789462654860
ISBN (Elektronisk)9789462654877
DOI
StatusUdgivet - 2022
NavnLegal and Policy Issues of the EU’s External Action

ID: 289232805