Jacqueline Dutheil de la Rochère
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199219032
- eISBN:
- 9780191711862
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219032.003.0009
- Subject:
- Law, EU Law
This chapter examines the EU Charter of Fundamental Rights. Topics discussed include the influential effect of the charter and the right to good administration expressed in Article 41 of the Charter. ...
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This chapter examines the EU Charter of Fundamental Rights. Topics discussed include the influential effect of the charter and the right to good administration expressed in Article 41 of the Charter. It is argued that even if the Charter does not formally become part of EU constitutional law, as long as the Constitutional Treaty is not ratified it plays an influential and significant role in the building of a European corpus of law protecting fundamental rights. The Charter is referred to in the preambles of texts of secondary legislation and used as a document of reference by the various EC/EU institutions. The Charter, although not binding, influences the case law of European courts.Less
This chapter examines the EU Charter of Fundamental Rights. Topics discussed include the influential effect of the charter and the right to good administration expressed in Article 41 of the Charter. It is argued that even if the Charter does not formally become part of EU constitutional law, as long as the Constitutional Treaty is not ratified it plays an influential and significant role in the building of a European corpus of law protecting fundamental rights. The Charter is referred to in the preambles of texts of secondary legislation and used as a document of reference by the various EC/EU institutions. The Charter, although not binding, influences the case law of European courts.
Bernard Stirn
- Published in print:
- 2017
- Published Online:
- June 2017
- ISBN:
- 9780198789505
- eISBN:
- 9780191831300
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198789505.003.0006
- Subject:
- Law, EU Law, Constitutional and Administrative Law
Chapter 6 shows how, in spite of the differences of the various domestic legal systems in Europe, a European model for public administration is emerging. This can be seen across different topics such ...
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Chapter 6 shows how, in spite of the differences of the various domestic legal systems in Europe, a European model for public administration is emerging. This can be seen across different topics such as the scope of public action, the provision of services of general interest; but also in the way in which public administration is organized, in respect of matters such as, for example, economic governance, delegated management and public procurement, and independent authorities and agencies. The chapter sets out and analyses the principle of good administration and the role it plays in European public law, and then turns to the topic of the organization of the civil service in Europe, analysing the question both at the European and at the domestic level.Less
Chapter 6 shows how, in spite of the differences of the various domestic legal systems in Europe, a European model for public administration is emerging. This can be seen across different topics such as the scope of public action, the provision of services of general interest; but also in the way in which public administration is organized, in respect of matters such as, for example, economic governance, delegated management and public procurement, and independent authorities and agencies. The chapter sets out and analyses the principle of good administration and the role it plays in European public law, and then turns to the topic of the organization of the civil service in Europe, analysing the question both at the European and at the domestic level.
Violeta Moreno-Lax
- 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 ...
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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 attached to them, paying particular attention to the most relevant international provisions of refugee law and human rights protection. Article 16 CSR51; Articles 14(1), 2(3) and 7 ICCPR; Article 3 CAT; as well as Articles 6 and 13 ECHR are all scrutinized with the purpose of determining the content of the right to effective judicial protection in Article 47 CFR. On the basis of the ‘cumulative standards’ approach, it is concluded that fair trial and effective remedy guarantees are applicable in the context of pre-border controls, including the right to a hearing in person and to an appeal ‘with automatic suspensive effect’. In light of this, it is argued that inherent in a claim to international protection or in a plea of non-refoulement is an entitlement to provisional admission to the territory of the intercepting Member State for the purpose of such procedures as may be necessary to guarantee the effectiveness of the rights that protection seekers derive from EU law.Less
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 attached to them, paying particular attention to the most relevant international provisions of refugee law and human rights protection. Article 16 CSR51; Articles 14(1), 2(3) and 7 ICCPR; Article 3 CAT; as well as Articles 6 and 13 ECHR are all scrutinized with the purpose of determining the content of the right to effective judicial protection in Article 47 CFR. On the basis of the ‘cumulative standards’ approach, it is concluded that fair trial and effective remedy guarantees are applicable in the context of pre-border controls, including the right to a hearing in person and to an appeal ‘with automatic suspensive effect’. In light of this, it is argued that inherent in a claim to international protection or in a plea of non-refoulement is an entitlement to provisional admission to the territory of the intercepting Member State for the purpose of such procedures as may be necessary to guarantee the effectiveness of the rights that protection seekers derive from 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 ...
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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 pre-entry controls, carried out in the form of Schengen visas, carrier sanctions (with or without assistance from ILOs), and maritime interdiction, with the fundamental rights acquis of the EU, in particular the right to protection against refoulement, the right to asylum, and the rights to good administration and effective judicial protection enshrined in the Charter of Fundamental Rights. The conflictual assertion contained in Tampere and successor programmes that the Union shall remain ‘open’ to those seeking access to it in search of protection, but, at the same time, ‘counteract illegal immigration and cross-border crime’ provides the background to this research. The result has been an ambiguous regulation of access to EU territory for asylum purposes. Two sets of rules have developed simultaneously, which are difficult to reconcile: one set assimilates protection seekers to the generic category of ‘third-country nationals’ subject to Schengen admission criteria, with another set containing references to ‘special provisions’ applicable to exiles, leading to a situation where up to 90% of refugee arrivals occur through irregular (unsafe) channels, as smuggled or trafficked migrants. In these circumstances, elucidating the exact reach of EU international protection obligations and the articulation between EU border/pre-border norms and EU fundamental rights becomes essential. The monograph thus strives to determine the content of the specific responsibilities of the Member States in this context and establish their implications for the ‘integrated border management’ system the Union is committed to realise.Less
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 pre-entry controls, carried out in the form of Schengen visas, carrier sanctions (with or without assistance from ILOs), and maritime interdiction, with the fundamental rights acquis of the EU, in particular the right to protection against refoulement, the right to asylum, and the rights to good administration and effective judicial protection enshrined in the Charter of Fundamental Rights. The conflictual assertion contained in Tampere and successor programmes that the Union shall remain ‘open’ to those seeking access to it in search of protection, but, at the same time, ‘counteract illegal immigration and cross-border crime’ provides the background to this research. The result has been an ambiguous regulation of access to EU territory for asylum purposes. Two sets of rules have developed simultaneously, which are difficult to reconcile: one set assimilates protection seekers to the generic category of ‘third-country nationals’ subject to Schengen admission criteria, with another set containing references to ‘special provisions’ applicable to exiles, leading to a situation where up to 90% of refugee arrivals occur through irregular (unsafe) channels, as smuggled or trafficked migrants. In these circumstances, elucidating the exact reach of EU international protection obligations and the articulation between EU border/pre-border norms and EU fundamental rights becomes essential. The monograph thus strives to determine the content of the specific responsibilities of the Member States in this context and establish their implications for the ‘integrated border management’ system the Union is committed to realise.
