These papers were written by students in their final year of Master in law. The papers were selected for their interest for practitioners, for the originality of the subject treated or the approach adopted. We thank our students for making these high-quality works freely available.
The author analyzes the ways a refugee can legally enter a third country. Her academic exchange in Canada allows her to compare Canadian and European law.
Jérôme Noël, Annexes.
The study analyses the transposition of the concept of safe country of origin into Belgian law. The first part deals with the implementation of the Procedure Directive I via a derogation procedure for the processing of applications submitted from safe countries of origin. Has it achieved the objective set by the Belgian legislator? Has it fulfilled its objective of combating what the Belgian legislator described as "inappropriate use of the asylum procedure"? The second part deals with the second period of application of the "safe countries of origin" procedure in Belgium. It recalls the scope of the Procedure Directive II. It then points out the differences between the "safe countries of origin" derogation regime contained in the recast and that of the Procedure Directive I. Finally, the research analyses the "safe countries of origin" procedure as it has been applied in Belgian asylum law since 22 March 2018 in the light of the ratio legis of the law of 21 November 2017.
The originality of the research lies in the fact that the author analyses the asylum procedure through criminology. She deals with the institutional process of the asylum application, based on the experiences of the actors involved in this process. The objective is twofold: on the one hand, it is a question of partially filling a "literary void" in the field of asylum. And on the other hand, it is about bringing a new and original point of view on the asylum issue.
The author observes that some Western judges, in their legal reasoning, highlight a certain form of cultural relativism, thus justifying the refusal of an asylum application. Since the Geneva Convention does not in any way specify the content of the notion of persecution, the place of the cultural conception may constitute the resurgence of various questionings.