Euro-Mediterranean Consortium for Applied Research on International Migration (CARIM) ; (En)Turkey has been a country of asylum since Ottoman times. Due to recent economic and political turmoil in its near abroad and beyond, the country now receives thousands of asylum applications each year. And, as witnessed in the last years, there is the potential for a massive influx of refugees to Turkey. Turkey has long lacked a functioning asylum system and corresponding legislation. Although the 1951 Refugee Convention and its Protocol were ratified, with a limitation related to their geographical application, the country adopted a Regulation only in 1994 after facing a massive refugee influx from Iraq. Further there is still no asylum law in force. As an EU member candidate, Turkey is expected to adapt its asylum system to those of the EU, undertaking, at the same time, to take up the acquis in this field. This paper examines what has been done by Turkey and what else is needed.
"In the last decade the European Union has increasing engaged with children's rights. In 2007 European Court of Justice (as it was then) referred for the first time to the Convention on the Rights of the Child as an international instrument to which it has regard in the interpretation of general principles of EC law. With the entry into force of the Lisbon Treaty in December 2009 a new Article 3(3) of the Treaty on European Union commits the Union to promoting the 'protection of the rights of the child.' This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the standards of treatment of child asylum seekers and refugees in the CEAS. More particularly, the book identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the existing and proposed recast CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States, without more, to act in such a way as complies with the rights of the child in order to offer a comprehensive examination of the place of the child within European asylum law and policy"--
In: Immigration and asylum law and policy in Europe 24
Preliminary Material /E. Guild and P. Minderhoud -- Introduction: Migration And Law In Europe /Kees Groenendijk -- Citizenship In Motion: The Development Of The Freedom Of Movement For Citizens In The Case-Law Of The Court Of Justice Of The European Union /Jonathan Tomkin -- EU Free Movement Of Persons And Member States' Solidarity Systems: Searching For A Balance /Herwig Verschueren -- The Privileged Treatment Of Turkish Nationals /Denis Martin -- Has Europeanization Silenced Criticism On Intergovernmental External Border Cooperation? /Helen Oosterom-Staples -- The EU Acquis On Irregular Migration Ten Years On: Still Reinforcing Security At The Expense Of Rights? /Ryszard Cholewinski -- The Good, The Bad And The Ugly In EU Migration Law: Is The European Parliament Becoming Bad And Ugly? (The Adoption Of Directive 2008/115: The Returns Directive) /Diego Acosta Arcarazo -- Detention Of Foreigners /Galina Cornelisse -- The Impact Of The Treaty Of Lisbon Over EU Policies On Migration, Asylum And Borders: The Struggles Over The Ownership Of The Stockholm Programme /Sergio Carrera -- Common EU Standards On Asylum – Optional Harmonisation And Exclusive Procedures? /Jens Vedsted-Hansen -- The Externalisation Of European Migration Control And The Reach Of International Refugee Law /T. Gammeltoft-Hansen -- The Long-Term Residents Directive: A Fulfilment Of The Tampere Objective Of Near-Equality? /Louise Halleskov Storgaard -- Love Thy Neighbour: Family Reunification And The Rights Of Insiders /Betty De Hart -- An Ideal Husband? Marriages Of Convenience, Moral Gate-Keeping And Immigration To The United Kingdom /Helena Wray -- Effective Remedies For Third Country Nationals In EU Law: Justice Accessible To All? /Evelien Brouwer -- Access To An Effective Remedy Before A Court Or Tribunal In Asylum Cases /Marcelle Reneman -- Immigration, Asylum And The European Union Charter Of Fundamental Rights /Steve Peers -- Appendix /E. Guild and P. Minderhoud -- List of Contributors /E. Guild and P. Minderhoud -- Index /E. Guild and P. Minderhoud.
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