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Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory)

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0010
Subject:
Law, Human Rights and Immigration

The rights to asylum and to protection against refoulement, as per Chapters 8-9, entail both substantive and procedural components. This chapter scrutinizes the remedies and procedural safeguards ... More


Rights and Remedies

Chantal Mak

in Constitutionalization of European Private Law: XXII/2

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712107
eISBN:
9780191780257
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712107.003.0008
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter explores the place of Article 47 of the EU Charter of Fundamental Rights (right to an effective remedy) in European private law and assesses whether this provision could form the basis ... More


The Preliminary Rulings Procedure: Cornerstone or Broken Atlas?

Julio Baquero Cruz

in What's Left of the Law of Integration?: Decay and Resistance in European Union Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780198830610
eISBN:
9780191868764
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830610.003.0004
Subject:
Law, EU Law

This chapter examines how Union law and the Court of Justice would not be what they are without the preliminary rulings procedure. This procedure occupies a central position among all the other ways ... More


National Procedural Choices before the Court of Justice of the European Union

Pieter Van Cleynenbreugel

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0010
Subject:
Law, Public International Law, Comparative Law

Chapter 10 analyses the standards of review relied upon by the CJEU in its assessment of national procedural choices, and in particular the role of the notion of mitigated procedural autonomy—a ... More


Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Violeta Moreno-Lax

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.001.0001
Subject:
Law, Human Rights and Immigration

This monograph examines the interface between extraterritorial border surveillance, migration management, and asylum seeking under EU law. The final goal is to determine the compatibility of ... More


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