Please use this identifier to cite or link to this item:
Full metadata record
DC FieldValueLanguage
dc.identifier.citationLia, T. (2019). The influence of CJEU and ECTHR case law on the right to asylum (Bachelor's dissertation).en_GB
dc.description.abstractThe aim of this research paper is to perform a comparative analysis of the Court of Justice of the European Union and the European Court of Human Rights, with respect to the matter of asylum, namely the right to asylum and the status and protection afforded to potential asylum-seekers. Only the first step of the asylum process will be examined, meaning the recognition of asylum seekers as ‘refugees’ and protection afforded to them. Issues relating to detention, family unity as well as reception standards will not be delved into for the purposes of this Research Project. The comparative analysis has the aim of coming to a conclusion on the similarities and differences of each legal regime, touching matters such as the right to asylum, acts of persecution, subsidiary protection, risk assessment, actors of protection, the internal protection alternative, as well as exclusion and cessation grounds of international protection. The Research Project will show how albeit having different jurisdictions, contrasting relationships between national Courts and legal orders, contrasting decisional autonomy as well as different interpretative methodologies, these institutions both afford a level of protection, which is in some ways complements each other. Notable differences in the two systems are to be noted, such as the fact that the right to asylum is not enshrined in the ECHR, the lack of locus standi the CJEU affords to individuals, the absolute nature of Article 3 ECHR in contrast to the CJEU’s exclusion clauses as well as the declaratory nature of ECHR judgements, which do not impose upon the Contracting State what kind of protection is to be afforded to the asylum seeker. Finally, recommendations as to how each system can be ameliorated will be made in order for a ‘constructive human rights pluralism’ to be established.en_GB
dc.subjectCourt of Justice of the European Unionen_GB
dc.subjectEuropean Court of Human Rightsen_GB
dc.subjectConvention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5). Article 2en_GB
dc.subjectHuman rights -- European Union countriesen_GB
dc.subjectHuman rights -- Europeen_GB
dc.subjectAsylum, Right of -- European Union countriesen_GB
dc.subjectAsylum, Right of -- Europeen_GB
dc.subjectUnited Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons (1951 : Geneva). Convention relating to the status of refugeesen_GB
dc.subjectPolitical refugeesen_GB
dc.titleThe influence of CJEU and ECTHR case law on the right to asylumen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder.en_GB
dc.publisher.institutionUniversity of Maltaen_GB
dc.publisher.departmentFaculty of Lawsen_GB
dc.contributor.creatorLia, Therese-
Appears in Collections:Dissertations - FacLaw - 2019

Files in This Item:
File Description SizeFormat 
  Restricted Access
862.11 kBAdobe PDFView/Open Request a copy

Items in OAR@UM are protected by copyright, with all rights reserved, unless otherwise indicated.