Overview

Evidentiary assessment holds a central position in all forms of judicial decision-making. Also the asylum procedure is dependent on solutions made in theory and practice regarding evidentiary issues. This book explores the particular framework of evidentiary assessment in selected European appellate asylum procedures and discusses the relationship between these procedures, on the one hand, and between these procedures and other legal systems, including the EU legal order, on the other. Conclusions are made regarding the similarities and differences between the German, English and Finnish asylum procedures and the position and impact of European legal norms on the national procedures. The book further discusses possibilities for harmonization and the future work towards a Common European Asylum System.

Full Product Details

Author:   Ida Staffans
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   25
Dimensions:   Width: 15.50cm , Height: 2.30cm , Length: 23.50cm
Weight:   0.590kg
ISBN:  

9789004219960

ISBN 10:   900421996
Pages:   294
Publication Date:   19 April 2012
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Acknowledgements; Contents; Abbreviations ; I. Introduction 1. To Begin With; 2. The Question at Hand; 3. Means and Methods II. Substantive Framework for the Study 1. Refugee Status Determination; 2. Refugee Status Determination in National Procedures; 3. The Common European Asylum System; 4. Asylum in Context III. Asylum and Evidence 1. Evidentiary Framework for the Study; 2. Evidence in Asylum Procedure; 3. Evidence in EU Asylum Law IV. Evidence in the European Appellate Asylum Procedure 1. Aim and Method; 2. Theme of Proof; 3. Burden of Proof; 4. Evidentiary Robustness; 5. Methods of Evidentiary Assessment; 6. Standard of Proof; 7. Evidence as a Procedural Instrument in Asylum Procedure V. Use of Evidence in German Appellate Asylum Procedure 1. Aims, Method and Material; 2. Frameworks of German Asylum Procedure; 3. Salient Features of German Asylum Procedure; 4. Evidence in German Appellate Asylum Procedure; 5. Conclusions VI. Evidence in Finnish Appellate Asylum Procedure 1. Aims and Method; 2. Frameworks of Finnish Asylum Procedure; 3. Elements Impacting on Finnish Asylum Procedure; 4. Evidence in Finnish Appellate Asylum Procedure; 5. Conclusions VII. Evidence in English Appellate Asylum Procedure 1. Aims and Method; 2. Frameworks for English Asylum Procedure; 3. Salient Features of English Asylum Procedure; 4. Evidence in English Appellate Asylum Procedure; 5. Conclusions VIII. Comparison of Evidentiary Standards 1. Introduction; 2. Burden of Proof; 3. Evidentiary Robustness; 4. Methods of Evidentiary Assessment; 5. Standard of Proof; 6. The Role of International Refugee Law in Forming National Evidentiary Standards; 7. The Role of EU Law in Forming National Evidentiary Standards; 8. The Role of National Traditions in Forming National Evidentiary Standards; 9. Conclusions IX. Harmonisation of Procedures in the Common European Asylum System 1. Outsets; 2. Working Towards Commonality; 3. Conclusions X. Evidence in European Appellate Asylum Procedure 1. The Goal of Commonality; 2. Evidence in the National Framework; 3. Evidence in Common European Asylum Procedure Annex I; Bibliography; Index.

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Author Information

Ida Staffans, Ll.D. (1980), University of Helsinki, works as a lawyer for the Association of Finnish Local and Regional Authorities in Helsinki, Finland. She has published several international articles on the topic of European asylum procedures.

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