EP study: The influence of ECJ and ECtHR case law on asylum and immigraton
This EP study aims to analyze the contribution and influence of the case law of the European Court of Human Rights and the Court of Justice of the European Union on asylum and immigration.
This EP study dressing an overview of the influence of ECJ and ECtHR case law on asylum and immigraton is organized is four sections:
1. Case law review: Case law on immigration and asylum plays an important role in the activity of the ECtHR, particularly in relation to proceedings for provisional measures which have risen dramatically since 2006. By contrast, the number of proceedings in the ECJ is particularly modest.
2. Technical analysis: The ECtHR has played a precursor role since the mid 1980s by developing praetorian case law despite the fact that the European Convention on Human Rights only includes a few provisions on aliens. This case law was firstly built on the technique of the protection of the alien by reason (infra) and then through proceedings of provisional measures which gained particular importance in protecting aliens from expulsion. The ECJ became involved much later as the European Union was only granted competencies on immigration and asylum in the 1990s. Initially called on to operate within the Institutions, the Court of Justice then became involved in fundamental rights.
3. The contribution of case law to European Law on immigration and asylum: regarding access to the territory (1), expulsion from the territory (2) and the substantive (Art. 3, 6 and 8 ECHR) and procedural (Art. 5 and 13 ECHR) garantees applied in the context of asylum and immigration (3 and4).
4. The influence of of case law to European Law on immigration and asylum: this section analyzes the issues of case law for the EU’s institutional system (1) as well as the immediate (2) and the potential (3) consequences of the case law of the ECJ for European asylum and immigration law .
The full study is only available in French. However a summary is provided in English.