The main theme of this paper are the asylum seekers. It refers to the most »high lighted« case of European Court of human rights linked with violations considered to the articles 3 and 5 of the European convention of human rights in history that are mostly used in literature and today the Court still refers to. These two are European convention of human rights and The convention relating to the status of refugees also known as the 1951 Refugee convention. This two »leading« conventions are important and are used as the source for the countries for their national legislation.
In order to regulate the field of migration the EU has already set out in its founding treaties how this field should be regulated. Thih long lasting idea has been finally realised by EU creation, called Common European asylum system. On this field it consists of regulations and directives created by EU. However, talking about asylum or international protection, this is also procedure. Procedures for asylum are introduced for the countries referred to the violations of article 3 and/or 5. This paper uses analytical, descriptive and statistical method for presentation for legislation, procedures and some statistics for this countries. Procedure and legislation are also presented for our own country. together with cases before European court of human rights.
This work is also one of many that talks about non refoulement and refugees. But it is a kind of special because it explores violations of human rights of asylum seekers as the narrow scope of the term refugee. It contains view to the violations of the selected articles of the European convention of human rights that are related to them and the action of the states following the decision of the European court. It is true that there is quite a few similar literature but a little that would combine all the similar elements of this area.
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