par Tsourdi, Evangelia
Référence Tijdschrift voor bestuurswetenschappen en publiek recht, 2-3, page (212-228)
Publication Publié, 2013
Article révisé par les pairs
Résumé : The aim of this article is to explore the role of theCourt of Justice of the EU (CJEU) in the developmentof European asylum policy. The paper evaluates theCourt’s function as an emerging ‘asylum court’ byexamining parts of its case law in this policy area.The article focuses mainly on the Court’s case law re-lating to exclusion as well as loss of internationalprotection. The research seeks to assess the out-come of the interpretative guidance provided by theCJEU at EU and national levels, as well as its potentialin developing international refugee law. In order toexamine this it considers, among other topics, the ef-fect of the Court’s case law on the European Com-mission Recast proposals, its impact on national caselaw and practice in selected EU Member States, andits interrelation with the European Court of HumanRights (ECtHR) case law.The article uses as a basis the legal provisions of theEU treaties and asylum instruments. The amend-ments in the Commission’s recast proposals and thefinal outcome of the negotiation process are alsotaken into account. In addition, it draws upon caselaw by the CJEU, the ECtHR, and selected nationalcourts as necessary for the analysis. Commentaryfrom relevant civil society organizations, think tanksand the UNCHR on these issues also feeds into theresearch. Finally, academic work analyzing both thelegal instruments and the case law constitutes asource of information. All materials are critically as-sessed in order to answer the research question.