Universiteit Leiden

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Institutions for Conflict Resolution

The European courtroom as political arena

The European courtroom as political arena? Judicial interference in politically charged issues in European asylum law and criminal law

European cooperation in asylum law and criminal law is based on mutual trust and mutual recognition.  At most, judicial review is carried out on previously administrative decisions. Increasingly, however, politically charged issues are being subjected to judicial review, for example when the protection of fundamental rights in specific Member States can no longer be guaranteed. As a result, the implications of case law in such cases are a lot more far-reaching than the specific case at hand. This project investigates how politically charged questions of law in these areas change the function of the Dublin Regulation and the European Arrest Warrant and what the consequences are for the legitimacy of court decisions by national and European judges.  

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