Comments on the Court of Justice of the EU's developing case law on asylum

The Briefing Note for the tripartite meeting lists three points of reference: legal certainty, effective administration of justice and the integrity of all three judiciary levels. In my response to the subject presented by Judge Larsen I will focus mainly on legal certainty, but I will not leave unt...

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Bibliographic Details
Published in:International journal of refugee law 2013-06, Vol.25 (2), p.377-381
Main Author: Zalar, B.
Format: Article
Language:English
Subjects:
ASYLUM
Asylum, Right of
CIVIL LIBERTIES
Civil rights
Court of Justice of the European Union
European Court of Human Rights
JUDICIARY
Justice, Administration of
Legal certainty
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Summary:The Briefing Note for the tripartite meeting lists three points of reference: legal certainty, effective administration of justice and the integrity of all three judiciary levels. In my response to the subject presented by Judge Larsen I will focus mainly on legal certainty, but I will not leave untouched the effectiveness and integrity of judicial dialogue in the light of the Charter of Fundamental Rights of the EU (the Charter) and cases that raise cross-cutting issues between the Court of Justice of the EU (CJEU) and the European Court of Human rights (ECtHR). My response is a contemplation of the impact that leading argumentations of the CJEU might have on national judges - on their attitude to referrals, how or how not to refer questions for preliminary ruling.
ISSN:0953-8186
1464-3715
DOI:10.1093/ijrl/eet027