Rätten till asyl : Den EU-rättsliga aspekten på området i samhörighet med dess internationella påverkan

Detta är en Magister-uppsats från Högskolan för mänskliga rättigheter

Sammanfattning: This essay aim to concern the regulations regarding asylum, foremost in the European Union and partly in an international context. After having a course about human rights in a European perspective I decided that I wanted to know more about the right to asylum, and therefore the regulations regarding asylum in a European judicial context as well as in an international approach. The three main question formulations are: 1. How are the overall EU legal frameworks as regards asylum law constructed? 2. What does the international principle of Non-Refoulement (not sending back refugees who risks being subject to inhuman punishment) implicate, which is sometimes referred to within asylum law at a EU level? 3. What is the situation as things stand in the field of asylum and migration? The purpose is to carry out an investigation of the right to asylum, as it is applicable in the judicial field. Furthermore, the aim is to carry out a comprehensive investigation of right regarding asylum order to further limiting the investigation somewhat with relevant regulations as well as legal principles in the area. Forward the purpose is to, partially study how the major regulations in the area of asylum law are able to be subject for comparison, but also to see how they can correlate. The aim is therefore to highlight these general, but crucial regulations that exists within the field of asylum mainly at a EU level and a little lesser internationally, in order to carry out an analytical comparison between them. The method for the essay entails an interpretation of the regulations by means of grounds of legal dogma and thereinafter with a comparative method. The result of the essay reveals that the European regulations regarding asylum is immensely inclusive containing a broad spectrum with everything from the right to asylum, criterias and mechanisms for administration of asylum applications, the best interest of the child to the rights which are destined to accrue to those who seeks asylum. The result also demonstrates that the international regulations as well as the European regulations provides for the rights which are destined to accrue to those who seeks asylum. The result also demonstrates that the international principle of Non Refoulement fully aim to protect those in need of protection of their lives or freedom to return to areas where this can be adventured. Likewise the result demonstrates that the regulations in these area both can be compared as well as they can be placed in relation to each other because of their correlation. The analysis of the essay, as well as its conclusion directs that the regulations are able to be put in a tighter context than it at first seems like. Additionally the essay detects that the European regulations, particularly those in stages of revise would be very helped by more influence from the international regulations, for example The Convention Relating to the Status of Refugees.

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