Evidence in European Asylum Procedures

ISBN-13: 9789004219960 / Angielski / Twarda / 2012 / 308 str.

Opis

All those interested in refugee law, asylum procedures, the Common European Asylum Procedure, harmonization and measures of convergence, as well as those interested in administrative procedure and evidentiary assessment.

This book focuses on three European asylum procedures and the evidentiary assessment carried out in these. The interrelationship between these procedures and legal systems influencing them is explored and questions in relation to the harmonizing strivings of EU are posed.

Spis treści

Acknowledgements; Contents; Abbreviations ;
I. Introduction
1. To Begin With; 2. The Question at Hand; 3. Means and Methods
II. Substantive Framework for the Study
1. Refugee Status Determination; 2. Refugee Status Determination in National Procedures; 3. The Common European Asylum System; 4. Asylum in Context
III. Asylum and Evidence
1. Evidentiary Framework for the Study; 2. Evidence in Asylum Procedure; 3. Evidence in EU Asylum Law
IV. Evidence in the European Appellate Asylum Procedure
1. Aim and Method; 2. Theme of Proof; 3. Burden of Proof; 4. Evidentiary Robustness; 5. Methods of Evidentiary Assessment; 6. Standard of Proof; 7. Evidence as a Procedural Instrument in Asylum Procedure
V. Use of Evidence in German Appellate Asylum Procedure
1. Aims, Method and Material; 2. Frameworks of German Asylum Procedure; 3. Salient Features of German Asylum Procedure; 4. Evidence in German Appellate Asylum Procedure; 5. Conclusions
VI. Evidence in Finnish Appellate Asylum Procedure
1. Aims and Method; 2. Frameworks of Finnish Asylum Procedure; 3. Elements Impacting on Finnish Asylum Procedure; 4. Evidence in Finnish Appellate Asylum Procedure; 5. Conclusions
VII. Evidence in English Appellate Asylum Procedure
1. Aims and Method; 2. Frameworks for English Asylum Procedure; 3. Salient Features of English Asylum Procedure; 4. Evidence in English Appellate Asylum Procedure; 5. Conclusions
VIII. Comparison of Evidentiary Standards
1. Introduction; 2. Burden of Proof; 3. Evidentiary Robustness; 4. Methods of Evidentiary Assessment; 5. Standard of Proof; 6. The Role of International Refugee Law in Forming National Evidentiary Standards; 7. The Role of EU Law in Forming National Evidentiary Standards; 8. The Role of National Traditions in Forming National Evidentiary Standards; 9. Conclusions
IX. Harmonisation of Procedures in the Common European Asylum System
1. Outsets; 2. Working Towards Commonality; 3. Conclusions
X. Evidence in European Appellate Asylum Procedure
1. The Goal of Commonality; 2. Evidence in the National Framework; 3. Evidence in Common European Asylum Procedure
Annex I; Bibliography; Index.

O autorze

Ida Staffans , Ll.D. (1980), University of Helsinki, works as a lawyer for the Association of Finnish Local and Regional Authorities in Helsinki, Finland. She has published several international articles on the topic of European asylum procedures.