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Title: The legal aspects of burden sharing among EU member states with respect to asylum seekers and refugees
Authors: Pace, Lara
Keywords: Asylum, Right of -- European Union countries
Refugees -- Legal status, laws, etc. -- European Union countries
Refugees -- Government policy -- European Union countries
Issue Date: 2009-05
Citation: Pace, L. (2009). The legal aspects of burden sharing among EU member states with respect to asylum seekers and refugees (Master's dissertation).
Abstract: The concept of Burden Sharing has again come to prominence in recent debates within the European Union on a new European immigration and asylum policy. Reference to Burden Sharing is found both in international conventions and in EU law, but it is not legally binding on states. Chapter One seeks to identify all the possible definitions of Burden Sharing. This Chapter shows that there is not one definition of the concept of Burden Sharing and its application in law is not evident. Chapter one also discusses the relationship between the certain international principles such as the principle of non refoulement and Burden Sharing. Chapter Two, examines how Burden Sharing could help the treatment of asylum seekers rescued at sea. This chapter examines the extent of state responsibility according to International Conventions and the law of the sea in general. A number of cases are discussed which highlight the main problems and issues concerning rescue at sea and state responsibility for examining claims for asylum. Chapter Three deals entirely with EU Directives on refugees and immigration. Apart from what is provided in the Treaties on which the EU is founded, in this chapter the main pieces of legislation dealing with illegal immigration are analysed. Chapter Four focuses on the legislative initiatives being taken at the EU level, namely the suspension of the Dublin Regulation and the main European Parliamentary Reports. The evolution of the concept of Burden Sharing in EU law is also discussed further. This is still 'an EU work in progress', for which reason the cut-off date of my analysis is the European Parliament's part-session in Strasbourg in the first week of May 2009. The Conclusion outlines that there are strong legal motivations for Burden Sharing and it gives an analysis of the outcome of the thesis.
Description: LL.D.
Appears in Collections:Dissertations - FacLaw - 1958-2009

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