Rigorous scrutiny versus marginal review
Subtitle: standards on judicial scrutiny and evidence in international and Europan asylum law
By: Dana Baldinger
Publisher: W.L.P. (Wolf Legal Publishers)
Published: 2013
Place of publication: Nijmegen
Language: eng
Number of pages: 485
ISBN-13: 9789058509529
Subjects: Right of Asylum; Political refugees; Legal status, laws
Description: This book explores what international and EU law require from the national asylum judge with regard to the required intensity of the judicial scrutiny to be applied, and with regard to evidentiary issues, such as the standard and burden of proof, the assessment of credibility, the required level of individualisation, the admission and evaluation of evidence, opportunities for presenting evidence and time limits for submitting evidence. To that end, an analysis is made of the provisions on national (judicial) proceedings contained in the Refugee Convention, the International Covenant on Civil and Political Rights, the UN Convention against Torture, the European Convention on Human Rights, the Charter of Fundamental Rights of the EU and a number of secondary EU law instruments, such as the EU Qualification Directive and the EU Asylum Procedures Directive, with a particular focus on issues of evidence and judicial scrutiny.
Notes: Includes bibliographical references (pages 447-463) and index.