EUROPEAN ASYLUM LAW AND INTERNATIONAL LAW doc

[...]... (European) Court of Justice European Convention of Human Rights European Commission of Human Rights European Court of Human Rights European Economic Area for example European Journal of International Law European Journal of Migration and Law European Law Review European Parliament European Public Law European Treaty Series European Union Executive Committee of the Program of the High Commissioner and. .. the systems of European or Community law and international law affect each other? This question can be approached from two sides First, the way international law may affect Community law (1a): how can rules of international law on asylum have effect within the Community legal order? Second, the way Community law may affect the working of international asylum law (1b): does European asylum law have consequences... the legal position of persons requesting asylum Neither the development of European asylum law or international law, nor domestic asylum law of the member states makes part of this study The terms asylum , European asylum law and international asylum law will be defined in the following paragraphs (paragraphs 1.3, 1.4 and 1.5) Here, I will identify the questions that should be dealt with in order... between both systems of law and the scope of Community powers and obligations under international law on asylum, we can approach the central question: (3) is European asylum law in conformity with international asylum law? The assessment of conformity requires description and analysis of rules of Community law that may have bearings on the legal position of persons entitled to asylum, and comparison with... influence their obligations under international law? If not, what should happen in case of a collision between rules of European and international asylum law? [2] The relation between European law on asylum and international law can be approached from different points of view A perfectly suitable one would be the position of the Member States of the Community As the grant of asylum is “only the normal exercise... description and analysis of European asylum law in this study focus on the relation with international law The Refugee Convention and some other instruments of international law entitle certain categories of aliens to protection from expulsion and to secondary rights The major part of the Community measures on asylum implicitly or explicitly addresses interpretation and application of this international law. .. summarise the main conclusions and make some final observations 1.3 Asylum [6] Above, the term asylum was applied in the terms European asylum law and international asylum law Which instruments are meant when I use these terms will be discussed in paragraphs 1.4 and 1.5 below Here, I define the common element asylum The term asylum has no determined meaning, and is applied in different senses... international law I describe and analyse the rights and obligations laid down in the Community measures, and compare them to those set out in international law The relation between Community and international law on asylum raises some complex questions According to the Treaty on European Community, these measures must be “in accordance” with the Refugee Convention and other treaty law on asylum This requirement... European Union” 1.4 International Asylum Law [8] With international asylum law , I mean rules of international law that entail obligations or rights concerning asylum as defined above In paragraph 1.4.1, I will delimit which types of instruments qualify as law for the purposes of this definition, and which of those instruments contain rules on Introduction 7 asylum Rules and means of interpretation... self evident from the point of view of domestic law But for international law, it is not – it rather distinguishes persons who are in need of protection from those who are not Nor do I address the reception of international or European law into domestic constitutional law Hence, I accept and apply the tenets on the working of European law and of the European Convention of Human Rights within the domestic . Law EJML European Journal of Migration and Law ELRev European Law Review EP European Parliament EPL European Public Law ETS European Treaty Series EU European.