Contenciosul protecției internaționale în Franța și România: rațiunea unei jurisdicții specializate
The Judicial Phase of International Protection in France and Romania: the Rationale for a Specialized Jurisdiction
Author(s): Adelina-Maria TudurachiSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: right to asylum; international protection; asylum judge; judicial phase of international protection; specialized jurisdiction;
Summary/Abstract: Fear or inclusivity? Caution and safety or international solidarity? These are some of the questions that arise as to the current configuration of the right to asylum at European Union`s level. The present paper puts forth the question of current European harmonization regarding the judicial phase of the international protection procedure. The chosen approach is double since it opposes the Romanian and the French system. The analysis starts with structuring the evolutive guidelines concerning the right to asylum, its current status quo and its contemporary dynamics in the examined states and the EU. Therefore, present tendencies are tackled with and the migration-related terminology is also taken into consideration. The current and previous legal framework is assessed as well as the debates regarding the future reform of the matter. On this basis emerges the comparison between the analyzed legal systems as to the jurisdictional entity vested with solving such cases, both from an institutional standpoint and from the perspective of the judgment formation. Thus, the workload of the examined states is underlined and hence appears the image of a multi-speed EU in terms of international protection.
Journal: Revista Themis
- Issue Year: 2023
- Issue No: 01-02
- Page Range: 224-260
- Page Count: 37
- Language: Romanian
