Asylum and immigration : handbook on techniques of judicial interaction in the application of the EU charter

Abstract

This Handbook addresses the complexity of legal and jurisprudential legal sources governing asylum and immigration, involving highly specialised and technical set of norms originating from multiple legal sources. The analysis focus on the jurisprudence of the CJEU and the ECtHR selecting the cases where they engaged in a constructive and coordinated discussion of their respective fundamental rights charters, and showing where their judicial interpretations have left room for divergent application at the domestic level. The Handbook highlights the role of national courts in avoiding the risk of conflicting interpretations through judicial interactions that forced the supranational courts to adjust their interpretations. Then, the Handbook shows that the compatibility of EU secondary legislation was increasingly challenged in light of international and regional, but also EU primary legislation. This requires raising awareness of legal practitioners that in addition to the correct application of EU law, they also need to consider the fundamental rights.