Asylum legislation and asylum applications: a geographical analysis of Belgian asylum policy by country of origin (1992-2003)

In many European countries a traditional policy and legal response to an undesirable increase of asylum applications has been the change of asylum law and procedures. By making it more difficult to obtain asylum and refugee status, the attractiveness as a possible country of asylum is believed to diminish. In the period from 1992 to 2003 three major revisions of the Belgian asylum procedure were enacted. When speaking in absolute figures these changes resulted in a certain decrease in the number of asylum applications filed. However, upon a closer examination of the number of asylum applications per country of origin, the effects appeared to be quite differential. Hence, factors other than geographical ones, such as the location of the country of origin or distance, must be decisive for the effect of a change in legislation on the number of asylum claimants coming from one particular country. Nevertheless, it has been possible to distinguish seven clusters of countries of origin where similar developments in patterns of asylum applications and shifts therein, depending on changes in asylum law, can be seen

The Emergence of Precedent over Precedent and Its Potential Conflict with the Principle of Self-rule in Ethiopian Judicial Federalism: The Case of Oromia Courts

This article is constructed based on a theoretical-deductive attempt to define theunconstitutionality of FDRE Supreme Court Cassation practices on the principle ofseparation of power, particularly its challenge to the autonomous power of statecourts on their own exclusive matters. Especially, as it is well known, theinterpretations of law by the Federal Supreme Court Cassation Division have binding effects on decisions of lower courts, including state courts. This was, for along time, theoretically debated and contested for its unconstitutionality without fruitful change. However, whatever its constitutionality debates, the Federal Courts Establishment Proclamation Nos.25/1995 and 454/2013 are in action by making the Cassation Division decisions to have binding effect on state courts, whether theissues are state matters or not. Now, the most climax debatable issue is that the Oromia Regional State Courts Proclamation No.216/2019 has come up with a new version that makes decisions of the State Supreme Court Cassation Division to have legal binding effect on lower courts of the region solely on state matters Accordingly, when we see the two proclamations (Proc.No.454/2013 and Proc. No. 2016/2019), the concept of precedent over precedent is ow emerged inaddition to the most widely used term of cassation over cassation. Unless one can conclude that there is a federal law supremacy clause in our legal system, the two versions of the proclamations overlap each other and one makes the other nonsense. But, apart from the Federal Constitutional Supremacy clause, the FDREConstitution has established the two tiers of government with their respective autonomous government institutions to decide on their own matters, which areconstitutionally guaranteed so far. However, save aside international treaties, as far as another ordinary federal law is concerned, the Federal Courts Establishment Proclamation No.25/1996 Art.6 (2) has clearly established federal supremacy clause. Concerning this area, there are different articles written in favor of or against the existence of cassation over cassation. The former approach claims that it isimportant to keep the uniformity of legal application all over the country and maintain constitutionality of decisions of courts of any level by checking itsconformity with the FDRE Constitution. Accordingly, they argue for the existence of federal supremacy clause2. But, others argued that there is only constitutional supremacy, not federal law supremacy. They confirmed that so far as there is constitutionally empowered another body, House of Federation, to save constitutional order and settle constitutionality issues, the Ethiopian courts are not entrusted to solve constitutionality issues at all. Concerning uniform application of laws, our current legal system is operating under the guise of the typology of dual court structure in which by its very nature hardly possible to think of uniformity of laws and their applications. There are also other writers, like Mehari Redea who argued against the existence of cassation over cassation in Ethiopia.3 Accordingly, this article is constructedbased on those arguments against the existence of cassation over cassation and constitutionality of the precedent effect of decisions of State Supreme Court Cassation Divisions, particularly the binding effect of Oromia State Cassation Division decisions. In addition, this article has seen not only the unconstitutionalityof precedent over precedent, but also its challenging effect on the principle of federalism, and independence of state courts. Therefore, hopefully, this article willconvince the reader(s) by forwarding sound arguments with critical analysis against theoretical and practical existence of precedent over precedent based onconstitutions of the countr

Good Intention Concept in the Nationality Federal Law of the United Arab Emirates A foundational study

Language in the field of nationality. It is one\u27s commitment to the legal behavior, which requires one to be truthful, honest and straightforward in dealing with others. It also requires the absence of any intention to forge, or to cheat or to harm the others. It is an idea that has a subjective content. The research examines the idea of good faith in the field of nationality in the light of the settled general rules of comparative law, and the extent to which it is possible to consider some of the texts of the UAE nationality law as applications of this idea. Analyzing some of the Emirate nationality law shows that it has given the idea of good faith its due importance. This is clear at the state level when the government sets the rules regulating the nationality. It is also evident at the level of the individual behavior when people acquire, lose or prove their nationality. It is equally clear concerning the others who deal with the holder of this nationality when there is a change in his legal position. This study considers analytical and documentary to the texts of the nationality law of the United Arab Emirates in the light of the comparative law. It consists of two chapters and a conclusion. Chapter One: The concept Of good faith. Chapter Two: Applications of the idea of good faith in the field Of the UAE nationality. The conclusion gives the main findings and the recommendations of the research. Throughout this research, it is clear that the UAE nationality law includes many applications of the principle of good faith according to the comparative laws. Some of these are related to the system of the State itself, and some are imposed on the individual in order to be committed not to falsify or to forge in the required nationality documents, otherwise the UAE nationality will be drawn back from him. He has to behave properly in proving the nationality. The UAE nationality law includes principles which protect the others who have good faith and who deal with the holders of the UAE nationality when activating the idea of back effect regarding nationality laws

Coalition Against the Deportation of Irish Children: Evaluation of CADIC Achievements 2006-2007 (Final Report)

CADIC is widely considered to have been a very successful coalition by its members, funders and external parties. It mounted a high quality campaign that influenced government policy and provided effective support to a large number of vulnerable people. Its experience of coalition working highlights the following critical success factors that other NGOs entering a collaborative working model should consider carefully

Beyond Plausibility Checks: A Case for Moral Doubt in Review Processes of Animal Experimentation

The fact that countries all over the world continue to develop new regulations for experimentation on non-human animals testament that this practice raises many doubts. Our aim in this chapter is to show that one important type of doubt should receive more attention: a particular type of moral doubt that could play a pivotal role in the ethical review of animal experiments. We assume that there are a range of emotions that indicate morally complex or problematic situations. When one or all of these emotions are experienced, we say that someone is experiencing moral doubt. To illustrate this point, we introduce the concept of moral doubt in the context of review processes, as they are legally required in the European Union (eu). Independent evaluation committees review animal research proposals to advise competent authorities whether applications for animal experiments comply with the legal standards. We chose the case of Germany as an example to explain what these committees decide upon and the degree to which their decisions may be influenced by emotions. We develop the argument that acknowledging emotional moral doubt throughout the review process, in specific ways, may have the positive effect of fostering paradigm change in animal experimentation, as envisioned in Directive 2010/63/EU (European Parliament, 2010)

State and Local Anti-Predatory Lending Laws: The Effect of Legal Enforcement Mechanisms

Subprime mortgage lending has grown rapidly in recent years and with it, so have concerns about predatory lending. In response to evidence of predatory lending, most states have enacted new laws or expanded existing laws to address abuses in the subprime home loan market. The effect of these statutes is a matter of debate. This paper seeks to improve the understanding of this increasingly important issue and pays particular attention to the role that legal enforcement mechanisms play in this context. The results of the analysis are consistent with the view that anti-predatory lending laws influence subprime lending markets and that disaggregating the details of the overall legal framework into its component parts is essential for understanding subprime market dynamics. The restrictions, coverage, and enforcement components all have significant relationships with subprime market outcomes, with the coverage relationship found to be broadly consistent with the reverse lemons hypothesis put forward by Ho and Pennington-Cross (2007). The results also suggest that the newer mini-HOEPA laws have had an impact on the subprime market above and beyond the older preexisting laws, particularly for subprime originations. Broader coverage through these new laws is associated with higher origination likelihoods, while increased restrictions through the mini-HOEPA laws are associated with lower origination propensities

The Impact of State Anti-Predatory Lending Laws: Policy Implications and Insights

The subprime mortgage market, which consists of high-cost loans designed for borrowers with weak credit, has grown tremendously over the past ten years. Between 1993 and 2005, the subprime market experienced an average annual growth rate of 26 percent. As this market emerged, so did allegations that subprime loans contained predatory features or were the result of predatory sales practices.3 In the worst cases, brokers deceived borrowers about the meaning of loan terms or falsely promised to assist them in obtaining future refinance loans with better terms. In other situations, borrowers entered into loans with low teaser rates, not aware how high their monthly payments could go when their interest rates reset