CEU Electronic Theses and Dissertations, 2021
| Author | Barcza-Szabo, Zita |
|---|---|
| Title | Challenging the National Security Card in Asylum Cases: Bringing Article 6 ECHR into Play |
| Summary | In asylum procedures where the refugee status is withdrawn based on national security considerations, notably that the refugee poses a threat to national security, there is no reasoning given to the person concerned in Hungary. Consequently, during the judicial review procedure the refugee is not in the position to effectively oppose the national security allegations and thereby his right to a fair trial is violated. If the refugee is expelled at the same time, he has recourse to the ECtHR against such an arbitrariness most obviously under Art. 1 Prot. 7. Nevertheless, if he was granted leave to stay, the Convention does not provide protection at all since according to the standing case-law of the Court, procedures concerning the residence of an alien are excluded from the scope of Art. 6 ECHR. Based on the existing literature and by the analysis of the relevant case-law of the Court, the thesis provides three main arguments in favor of the universal applicability of Art. 6 and comes up with further arguments and trajectories how the Court could include the procedures in question under the scope of the right to a fair trial ensured by the Convention. The research aims to contribute to the human rights protection of refugees and more broadly to the maintenance of the Rule of Law in Europe. |
| Supervisor | Polgari, Eszter |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2021/barcza-szabo_zita.pdf |
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