Le droit européen de l'asile au défi de la confiance mutuelle
(2015)
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- Authors
- Supervisors
- Saroléa, Sylvie
- Abstract
- The dissertation aims to shed a light on the development of EU asylum law by recourse to the legal concept of 'mutual trust'. It argues that the quest for mutual trust between Member States constitutes one of the driving factors behind the development of EU asylum law, so that it provides an explanation for most of the tensions that have emerged between EU asylum law and the ECHR. It further explores ways of enhancing mutual trust between Member States while fully respecting the ECHR. Therefore, the dissertation starts with a definition of the legal concept of 'mutual trust'; it examines the emergence of mutual trust within the jurisprudence of the CJEU and its close ties with the EU harmonisation process. The dissertation then studies how and why the development of the EU asylum acquis aims to build mutual trust between Member States regarding the effective enforcement of asylum seekers' fundamental rights. Thanks to a study of the ECtHR and national (mainly Belgian) jurisprudence, the dissertation also identifies where and how mutual trust enters into tension with the obligation to respect asylum seekers' fundamental rights. Thereafter, the dissertation explores how the reinforcement of procedural rights and the development of solidarity based mechanisms between Member States could enhance mutual trust while guaranteeing the respect of asylum seekers' fundamental rights. By doing so, the dissertation aims to contribute to answer the following question: how to develop a common european asylum system that fully respects human rights?
- Affiliations
Citations
Leboeuf, L. (2015). Le droit européen de l’asile au défi de la confiance mutuelle. https://hdl.handle.net/2078.5/89527