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/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt

Standard

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. red. / Eva Kassoti; Narin Idriz. T.M.C. Asser Press, 2022. s. 169–191 (Legal and Policy Issues of the EU’s External Action).

Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt

Harvard

Küçüksu, A 2022, 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? i E Kassoti & N Idriz (red), The Informalisation of the EU’s External Action in the Field of Migration and Asylum. T.M.C. Asser Press, Legal and Policy Issues of the EU’s External Action, s. 169–191. https://doi.org/10.1007/978-94-6265-487-7_9

APA

Küçüksu, A. (2022). 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? I E. Kassoti, & N. Idriz (red.), The Informalisation of the EU’s External Action in the Field of Migration and Asylum (s. 169–191). T.M.C. Asser Press. Legal and Policy Issues of the EU’s External Action https://doi.org/10.1007/978-94-6265-487-7_9

Vancouver

Küçüksu A. 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? I Kassoti E, Idriz N, red., The Informalisation of the EU’s External Action in the Field of Migration and Asylum. T.M.C. Asser Press. 2022. s. 169–191. (Legal and Policy Issues of the EU’s External Action). https://doi.org/10.1007/978-94-6265-487-7_9

Author

Küçüksu, Aysel. / 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?. The Informalisation of the EU’s External Action in the Field of Migration and Asylum. red. / Eva Kassoti ; Narin Idriz. T.M.C. Asser Press, 2022. s. 169–191 (Legal and Policy Issues of the EU’s External Action).

Bibtex

@inbook{c29b4932a18a40f5a7e8e76f6c7fe433,
title = "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?",
abstract = "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{\textquoteright}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{\textquoteright}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.",
author = "Aysel K{\"u}{\c c}{\"u}ksu",
year = "2022",
doi = "10.1007/978-94-6265-487-7_9",
language = "English",
isbn = "9789462654860",
series = "Legal and Policy Issues of the EU{\textquoteright}s External Action",
pages = "169–191",
editor = "Eva Kassoti and Narin Idriz",
booktitle = "The Informalisation of the EU{\textquoteright}s External Action in the Field of Migration and Asylum",
publisher = "T.M.C. Asser Press",

}

RIS

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