Another parochial decision? The Common European Asylum System at the crossroad between IHL and refugee law in Diakité

The relationship between the EU legal order and the international one has been the focus of attention in recent years. Whilst triggered by the ‘insurrectionist’ attitude of the Court of Justice of the European Union (CJEU) in the Kadi saga, the study of the relationship between EU law and the international legal order has covered a plurality of perspectives and approaches. Without entering into such discussions here, it could be nonetheless concluded that such a relationship is based on the duty to respect international law and the principle of consistent interpretation and that the application of these two obligations is conditioned by sector-specific nuances and, ultimately, by the constitutional foundations of EU law.

Journal/Publisher: Questions of International Law, Volume 12

Publication type: Article

Number of pages/Page range: 3-20

Language/s (content): English

Date of publication: 16-02-15

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Personal data

Full name Claudio MATERA

Current occupation Member

University/Institution University of Twente

Address P.O. Box 217

Postal code NL-7500 AE Ensch

Email c.matera@utwente.nl