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  • This Term Paper Analyses the Legal Court Procedure for the Judicial Review of Asylum and Immigration Cases in the European Union Compared to Denmark


    Summaries, Notes17 Law

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ID number:177421
Published: 04.01.2019.
Language: English
Level: College/University
Literature: 9 units
References: Used
Time period viewed: 2015.g. - 2018.g.
Table of contents
Nr. Chapter  Page.
  Introduction    3
Chapter 1.  The judicial review in European Union immigration and asylum cases    4
  Section 1: Development of the Immigration and Asylum policies in EU    4
  Paragraph 1: The EU procedural rules regarding the Area of Freedom, Security and Justice (AFSJ)    5
  Paragraph 2: The role of Court of Justice    6
  Paragraph 3: General information about judicial review in EU legislation    7
  Section 2: The judicial review enforcement according to European Court of Human rights    8
  Human Rights    9
Chapter 2.  The judicial review in Denmark in Asylum and Immigration cases    10
  Section 1: Procedure and organization of the decision-making process in Denmark    11
  Paragraph 1: Judicial review in Danish law    11
  Paragraph 2: EU legislations impact in the Danish legislation    12
  Section 2: Danish application of article 6ECHR    14
  Conclusion    16
  Bibliography    17

The Asylum and Immigration law is really sensitive subject in European Union law and in
Danish National law. The judicial review procedures are seen different from European Court of
Human Rights and the Danish procedure system. Danish asylum law in past decades has found
itself in a dilemma between clearly restrictions tendencies at the domestic policy level and the
official preparedness to uphold the fulfillment of international obligations. Nevertheless, it is
clear that the foreign law is less favorable in Danish asylum decisions. The European Court of
Human Rights in recent decades influenced by the case law the European Asylum and
Immigration law. The EU legislation is trying to harmonize the asylum law judicial review
system; however the Lisbon Treaty made a protectionism measures that limits the power of EU
institutions. The EU has the challenge to harmonize Asylum law and policy for having the legal
impact also to the ‘’opting out’’ countries like Denmark. While the present state of affairs can
probably be explained as a result of the combination of long legal traditions and the introduction
of several sources of international law in the domestic legal system, judicial pragmatism and the
specific organizational and procedural set-up of the Danish asylum system, these factors of both a
cultural and rational nature will not necessarily remain as unaffected by European and
international developments.
Although, Europeanization in European area of migration has been relatively recent,
migration is today firmly established as a part of administrative and regulatory framework of the
EU and there has been a gradual but certain growth of legislative and policy measures in this
field. For an example there is common harmonization regarding the visa procedures, the granting
and withdrawing of asylum and other protection statuses, the administration of family members
and high qualified workers and the return of irregularly staying migrants. Unfortunately, there are
still states where the harmonization of national rules thought EU legislation is partial.

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