1,721,036 research outputs found
Speedy Asylum Procedures in the EU: Striking a Fair Balance Between the Need to Process Asylum Cases Efficiently and the Asylum Applicant’s EU Right to an Effective Remedy
No full textEU member states often use speedy (accelerated) asylum procedures to examine asylum claims that are deemed manifestly unfounded. Speedy asylum procedures should generally be considered to be in the interest of the asylum applicant and the state. Accelerated procedures have however been criticised for not being fair and resulting in inaccurate decisions. EU legislation allows the use of an accelerated asylum procedure in any asylum case and does not set minimum time limits for (certain stages) of asylum procedures. This does mean however that EU member states are completely free to design speedy asylum procedures. This article argues that the EU right to an effective remedy, laid down in article 47 of the Charter of Fundamental Rights of the European Union (the Charter), and the principle of effectiveness limit member states' discretion to set time limits for asylum procedures. It is contended that EU law is violated if the speed of the proceedings undermines the effectiveness of the EU prohibition of refoulement and/or the right to asylum, guaranteed by articles 18 and 19 of the Charter. Furthermore, short time limits are contrary to EU law if they render the exercise of the EU right to an effective remedy, or other procedural rights guaranteed by the Asylum Procedures Directive, impossible or excessively difficult. This is based on an analysis of EU legislation, the case law of the Court of Justice, and sources of inspiration of EU fundamental rights, in particular, the case law of the European Court of Human Rights. It is shown that time limits in asylum procedures should be reasonable and proportionate in general as well as in the individual asylum case. This article explores which factors should be taken into account when assessing time limits in the light of the EU right to an effective remedy and the principle of effectiveness in a particular case. © The Author (2014). Published by Oxford University Press. All rights reserved
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Access to an Effective Remedy in European Asylum Procedures
Get PDFIn this contribution the author tries to identify the meaning and content of the Community principles of effectiveness and effective judicial protection with regard to the right of access to an effective remedy in the context of the Common European Asylum System. With this purpose the relevant case-law by the Court of Justice, the European Court on Human Rights, the Committee against Torture and the Human Rights Committee will be discussed. On the bases of this case-law some general conclusions will be drawn regarding the right of access to an effective remedy and the lawfulness of certain limitations of this right, such as time-limits or the immediate enforcement of expulsion measures
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Potentieel prejudicieel: Europese verplichting tot het laten doen van forensisch medisch onderzoek in asielzaken?
No full textIn de rubriek 'Potentieel Prejudicieel' formuleren deskundigen uit het Europees migratierecht prejudiciële vragen die aan het HvJEU zouden kunnen of moeten worden gesteld. In deze aflevering formuleert mr. dr. Marcelle Reneman vragen met betrekking tot de Europese verplichting tot het laten doen van forensisch medisch onderzoek in asielzaken
Asiel. Psychologische tests voor beoordeling geloofwaardigheid homoseksualiteit in strijd met recht op privéleven.
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