EU Justice and Home Affairs Law: EU Immigration and Asylum Law

Asylum adjudication system: A new frontier of legal culture

“…These changes in number led to the transformation of a previously neglected topic into a highly sensitive political issue and a subject that attracted the attention of the national legislator. The Italian legislation on international protection mainly stems from international law and in particular EU law (for a detailed analysis, see Peers et al 2015). However, the Italian legislator maintains the possibility to establish a national form of protection in addition to those of the EU and, within the limits defined by the EU framework, can choose the procedure to follow and in particular the role of the administrative and judicial bodies.…”

From Legal to Political Reasoning: National Parliaments' Use of Reasoned Opinions in the Area of Freedom, Security and Justice*

“…First, the Treaty's objective of a ‘common immigration policy’, the removal of the final words of Article 63 of the Treaty establishing the European Community (Amsterdam consolidated version), and the far‐reaching objective of a Common Asylum System, suggest that it is now easier to justify the legitimate purpose of the EU actions in this area, with the exception of the express restrictions on competence in Article 79(5) TFEU. (Hailbronner and Thym, 2016, p. 277 and 1,030; Peers, 2017, p. 450). Second, since most of the Member States have lost the capacity to control their borders in the Schengen area – apart from exceptional circumstances arising from any serious threat to public policy and internal security – the principle of subsidiarity does not constitute an obstacle for common EU action (Hailbronner and Thym, 2016, p. 36).…”

Migrants in the Attic: The Case of Migrants with Disabilities and Resettlement Services in Serbia

“…The European Union Charter of Fundamental Rights (Charter) further qualifies additional grounds for non-discrimination in legal rights, specifying discrimination on the basis of "disability" in addition to providing for the integration of persons with disabilities (Charter of Fundamental Rights of the European Union 2000). Under this Charter, rights to equality-including for people with disabilities within EU member states-further applies regardless of nationality (Peers et al 2015). Al- 7 The rights of peoples with disabilities in Serbia are protected in its constitution.…”

“…Member States shall provide, under the same eligibility conditions as nationals of the Member State that has granted protection, adequate healthcare, including treatment of mental disorders when needed, to beneficiaries of international protection who have special needs, such as [...] Disability also factors into EU States' asylum processes for migrants. Applying the Charter, courts consider gender, age, and disability in assessing the extent to which a migrant is exposed to persecution (Peers et al 2015).…”