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?
Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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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? / Küçüksu, Aysel.
The Informalisation of the EU’s External Action in the Field of Migration and Asylum. ed. / Eva Kassoti; Narin Idriz. T.M.C. Asser Press, 2022. p. 169–191 (Legal and Policy Issues of the EU’s External Action).Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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TY - CHAP
T1 - Adjudicating Asylum as a Technical Matter at the Court of Justice of the European Union
T2 - Neglecting Human Rights when the CEAS Appears to be in Jeopardy?
AU - Küçüksu, Aysel
PY - 2022
Y1 - 2022
N2 - 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.
AB - 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.
U2 - 10.1007/978-94-6265-487-7_9
DO - 10.1007/978-94-6265-487-7_9
M3 - Book chapter
SN - 9789462654860
T3 - Legal and Policy Issues of the EU’s External Action
SP - 169
EP - 191
BT - The Informalisation of the EU’s External Action in the Field of Migration and Asylum
A2 - Kassoti, Eva
A2 - Idriz, Narin
PB - T.M.C. Asser Press
ER -
ID: 289232805