The chapter aims to analyse, both from a theoretical and practical point of view, the current situation of the migration and refugee law, in connection with the main issue of religion and personal beliefs, within the EU. To accomplish this task, we use several analytic tools, such as an evolutionary-historical approach, an in-depth introspective look into the main legal sources, expired, reformed and currently in force, and a speci"c attention on the most important case law on this issue. We also managed to better understand the evolution of law and the position of the main judiciary instrument of the EU—the ECJ—through a comparative analysis with the international and national jurisprudence which, often enough, has shown to in#uence—or be in#uenced by—the European one.
Jus Migrandi and Personal Beliefs of Migrants Coming from Third States: Practice from the EU Asylum Policy / Cherubini, Francesco; Pochi, Tommaso. - (2023), pp. 237-266. [10.1007/978-3-031-34503-6_11]
Jus Migrandi and Personal Beliefs of Migrants Coming from Third States: Practice from the EU Asylum Policy
Francesco Cherubini
;
2023
Abstract
The chapter aims to analyse, both from a theoretical and practical point of view, the current situation of the migration and refugee law, in connection with the main issue of religion and personal beliefs, within the EU. To accomplish this task, we use several analytic tools, such as an evolutionary-historical approach, an in-depth introspective look into the main legal sources, expired, reformed and currently in force, and a speci"c attention on the most important case law on this issue. We also managed to better understand the evolution of law and the position of the main judiciary instrument of the EU—the ECJ—through a comparative analysis with the international and national jurisprudence which, often enough, has shown to in#uence—or be in#uenced by—the European one.File | Dimensione | Formato | |
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