The Juridification of 'Vulnerability' through EU Asylum Law: The Quest for Bridging the Gap between the Law and Asylum Applicants' Experiences

被引：6
|
作者：
Leboeuf, Luc [1 ,2 ]
机构：
[1] Max Planck Inst Social Anthropol, Law & Anthropol Dept, D-06114 Hall, Germany
[2] Catholic Univ Louvain UCLouvain, Law Fac, B-1348 Louvain La Neuve, Belgium
来源：
LAWS | 2022年 / 11卷 / 03期
关键词：
vulnerability; asylum law; human rights law; EU law; European Union; Court of Justice of the European Union; Council of Europe; European Court of Human Rights; European Convention of Human Rights; asylum applicants; UN Global Compacts; refugees; juridification;
D O I：
10.3390/laws11030045
中图分类号：
D9 [法律]; DF [法律];
学科分类号：
0301 ;
摘要：
'Vulnerability' is flooding EU asylum law. Based on the analysis of the ECtHR's case-law in deportation cases, the EU Directives' provisions towards 'vulnerable' asylum applicants, and their implementation in the domestic legislations and practices of two EU member states that were studied as part of the VULNER project (Belgium and Italy), this contribution establishes a typology of the various legal and bureaucratic functions that 'vulnerability' has received in the EU. It also reflects on the 'juridification' trend at play, the implementation challenges that have emerged as a result, and how they are currently being addressed in the EU.
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页数：19
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