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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.
List 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.
