TY - RPRT A1 - Costello, Cathryn A1 - Groenendijk, Kees A1 - Halleskov Storgaard, Louise T1 - Realising the Right to Family Reunification of Refugees in Europe N2 - This issue paper examines family reunification for refugees as a pressing human rights issue. Without it, refugees are denied their right to respect for family life, have vastly diminished integration prospects and endure great additional unnecessary suffering, as do their family members. The Commissioner for Human Rights calls on all Council of Europe member states to uphold their human rights obligations and ensure the practical effectiveness of the right to family reunification for refugees and other international protection beneficiaries. To do so, states should (re-)examine their laws, policies and practices relating to family reunification for refugees. This issue paper contains 36 recommendations to that end. Y1 - 2017 UR - http://www.refworld.org/docid/5a0d5eae4.html ER - TY - RPRT A1 - Guild, Elspeth A1 - Costello, Cathryn A1 - Moreno-Lax, Violeta T1 - Implementation of the 2015 Council Decisions establishing provisional measures in the area of international protection for the benefit of Italy and of Greece N2 - This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, examines the EU’s mechanism of relocation of asylum seekers from Greece and Italy to other Member States. It examines the scheme in the context of the Dublin System, the hotspot approach, and the EU-Turkey Statement, recommending that asylum seekers’ interests, and rights be duly taken into account, as it is only through their full engagement that relocation will be successful. Relocation can become a system that provides flexibility for Member States and local host communities, as well as accommodating the agency and dignity of asylumseekers. This requires greater cooperation from receiving States, and a clearer role for a single EU legal and institutional framework to organise preference matching and rationalise efforts and resources overall. Y1 - 2017 UR - http://www.europarl.europa.eu/RegData/etudes/STUD/2017/583132/IPOL_STU(2017)583132_EN.pdf ER - TY - RPRT A1 - Guild, Elspeth A1 - Costello, Cathryn A1 - Garlick, Madeline A1 - Moreno-Lax, Violeta T1 - Enhancing the Common European Asylum System and Alternatives to Dublin N2 - Upon request by the LIBE committee, this study examines the reasons why the Dublin system of allocation of responsibility for asylum seekers does not work effectively from the viewpoint of Member States or asylum-seekers. It argues that as long as it is based on the use of coercion against asylum seekers, it cannot serve as an effective tool to address existing imbalances in the allocation of responsibilities among Member States. The EU is faced with two substantial challenges: first, how to prevent unsafe journeys and risks to the lives of people seeking international protection in the EU; and secondly, how to organise the distribution of related responsibilities and costs among the Member States. This study addresses these issues with recommendations aimed at resolving current practical, legal and policy problems. Y1 - 2015 UR - http://www.europarl.europa.eu/RegData/etudes/STUD/2015/519234/IPOL_STU%282015%29519234_EN.pdf ER - TY - RPRT A1 - Guild, Elspeth A1 - Costello, Cathryn A1 - Garlick, Madeline A1 - Moreno-Lax, Violeta A1 - Mouzourakis, Minos T1 - New Approaches, Alternative Avenues and Means of Access to Asylum Procedures for Persons Seeking International Protection N2 - Upon request by the LIBE committee, this study examines the workings of the Common European Asylum System (CEAS), in order to assess the need and potential for new approaches to ensure access to protection for people seeking it in the EU, including joint processing and distribution of asylum seekers. Rather than advocating the addition of further complexity and coercion to the CEAS, the study proposes a focus on front-line reception and streamlined refugee status determination, in order to mitigate the asylum challenges facing Member States, and guarantee the rights of asylum seekers and refugees according to the EU acquis and international legal standards. Y1 - 2014 UR - http://www.europarl.europa.eu/thinktank/en/document.html?reference=IPOL_STU(2014)509989 ER - TY - RPRT A1 - Kaytaz, Esra A1 - Costello, Cathryn T1 - Building Empirical Research into Alternatives to Detention: Perceptions of Asylum-Seekers and Refugees in Toronto and Geneva N2 - Recent research in Toronto and Geneva indicates that asylum seekers and refugees are predisposed to be cooperative with the refugee status determination (RSD) system and other immigration procedures, and that the design of alternatives to detention can create, foster and support this cooperative predisposition – or can undermine or even demolish it. Y1 - 2013 UR - http://www.fmreview.org/detention/costello-kaytaz ER - TY - RPRT A1 - Lazarus, Liora A1 - Costello, Cathryn A1 - Ghanea, Nazila A1 - Zeigler, Katja T1 - Report on the evolution of Fundamental Rights Charters and Caselaw: A comparison of the EU, Council of Europe and UN Systems N2 - This report examines the human rights protection systems of the United Nations, the Council of Europe and the European Union. It explores the substantive rights, protection mechanisms, modes of engagement within, and the interactions between each system. The report also outlines the protection of minority rights, and the political processes through which human rights and institutions evolve and interact. A series of recommendations are made on how to advance the EU human rights system. Y1 - 2011 UR - https://www.europarl.europa.eu/RegData/etudes/etudes/join/2011/432755/IPOL-AFCO_ET(2011)432755_EN.pdf ER - TY - RPRT A1 - Costello, Cathryn T1 - Report on Improving the Quality and Consistency of Asylum Decisions in the Council of Europe Member States N2 - There are important shortcomings in terms of quality and consistency of the asylum decisions taken in the Council of Europe member states. As evidence of this, in 2007 acceptance rates varied considerably between 1% and 39% in countries receiving significant numbers of asylum seekers. The situation was even more dramatic when looking at certain specific groups of asylum seekers. For example, again in 2007, the acceptance rates for Iraqis seeking protection in Europe varied between 0 and 81%. The very low recognition rates in certain countries, or for certain groups of asylum seekers, may be due to difficulties in accessing the asylum process, poor procedural safeguards in the asylum proceedings, restrictive and divergent interpretation of eligibility criteria, lack of objective and reliable country of origin information, poor evidential assessment, in particular the culture of disbelief in asylum adjudication, political pressure, lack of training of the relevant authorities and their personnel, or a combination of these factors. The Committee of Ministers of the Council of Europe should be invited to prepare guidelines to address the difficulties outlined above. These guidelines should encourage Council of Europe member states to develop higher standards of protection, based on their own domestic standards of human rights or humanitarian impulse, reflecting the nature of the European Convention on Human Rights as a pan-European minimum standard. Furthermore the Committee of Ministers should consider a mechanism for monitoring the quality and consistency of asylum decisions, and to facilitate this task, consider guidelines on harmonisation of asylum data across Council of Europe member states, taking into account work already carried out at by the European Union. The Committee of Ministers should also review the asylum curriculum in member states and develop training programmes, tools and data-bases of jurisprudence of asylum decisions across Europe. Finally, there is a pressing need for the Committee of Ministers to establish a new inter-governmentalCommittee with a permanent mandate to examine asylum and refugee issues to replace the work formerly carried out by the Ad hoc Committee of experts on the legal aspects of territorial asylum, refugees and stateless persons (CAHAR). Y1 - 2009 UR - https://www.refworld.org/docid/4b2a47f62.html ER - TY - BOOK A1 - Bacik, Ivana A1 - Costello, Cathryn A1 - Drew, Eileen T1 - Gender InJustice: Towards the Feminisation of the Legal Professions? Y1 - 2003 SN - 0953497917 ER - TY - CHAP A1 - Costello, Cathryn ED - Lucey, Mary Catherine ED - Keville, Cathrina T1 - European Community Judicial Review in the Irish Courts - Scope, Standards and Separation of Powers T2 - Irish perspectives on EC law Y1 - 2003 SN - 978-1-85800-280-4 SP - 17 EP - 50 PB - Round Hall Ltd CY - Dublin ER - TY - BOOK A1 - Costello, Cathryn ED - Costello, Cathryn ED - Foster, Michelle ED - McAdam, Jane T1 - The Oxford Handbook of International Refugee Law N2 - The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law. Y1 - 2021 SN - 9780198848639 PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Costello, Cathryn A1 - Ioffe, Yulia ED - Costello, Cathryn ED - Foster, Michelle ED - McAdam, Jane T1 - Non-Penalization and Non-Criminalization T2 - The Oxford Handbook of International Refugee Law N2 - The chapter examines article 31 of the Convention relating to the Status of Refugees (Refugee Convention), the provision which purports to protect refugees from penalization for ‘illegal entry and stay’. The chapter draws on the previous work by the authors for UNHCR, including a review of national caselaw and practice on article 31 from over forty States. It reflects on the crucial role of the provision in safeguarding the right to seek asylum and argues that non-penalization constitutes one of the objects and purposes of the Refugee Convention. As a result, the chapter considers the distinct obligation on States to refrain from any acts frustrating the treaty’s object and purpose. Beyond article 31 of the Refugee Convention, the chapter explores international human rights law as a potentially wider source of protection. It examines whether the criminalization of irregular migration itself may be regarded as a human rights violation, thereby opening up a new avenue for legal research and advocacy. Finally, the chapter argues that aside from treaty obligations under international refugee and human rights law there is an emerging general principle of law relating to non-penalization of refugees and some other migrants. Y1 - 2021 UR - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3782672 SN - 9780198848639 PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Costello, Cathryn A1 - O'Cinneide, Colm ED - Costello, Cathryn ED - Foster, Michelle ED - McAdam, Jane T1 - The Right to Work of Asylum Seekers and Refugees T2 - The Oxford Handbook of International Refugee Law Y1 - 2021 SN - 9780198848639 PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Costello, Cathryn A1 - Cox, Neville ED - Byrne, Raymond ED - Binchy, William T1 - Sports Law T2 - Annual Review of Irish Law Y1 - 2002 SN - 9781858003153 SP - 539 EP - 553 PB - Thomson Round Hall CY - Dublin ER - TY - CHAP A1 - Costello, Cathryn T1 - The Legal Status and Legal Effects of the EU Charter of Fundamental Rights T2 - Fundamental Social Rights: Current Legal Protection and the Challenge of the EU Charter of Fundamental Rights Y1 - 2001 SP - 127 EP - 149 PB - ICEL ER - TY - CHAP A1 - Costello, Cathryn ED - Keatinge, Patrick ED - Dooge, Jim T1 - The Courts T2 - What the Treaty of Nice Means Y1 - 2001 SN - 9781874109563 SP - 61 EP - 71 PB - Institute of International and European Affairs CY - Dublin ER - TY - CHAP A1 - Costello, Cathryn ED - Cosgrove-Sacks, Carol T1 - The EU and the World Trade Organization T2 - The European Union and the Developing Countries Y1 - 1999 SN - 9780230509184 U6 - https://doi.org/10.1057/9780230509184 SP - 336 EP - 346 PB - Palgrave Macmillan CY - London ER - TY - RPRT A1 - Costello, Cathryn A1 - Betts, Alexander A1 - Zaun, Natascha T1 - A Fair Share: Refugees and Responsibility-Sharing, Report and Policy Brief N2 - Developing countries account for a large majority of global refugee reception. 3.5 million out of Syria's 4 million refugees have sought refuge in three countries - Turkey, Lebanon and Jordan. Is it possible to achieve a fair distribution of protection seekers? This Delmi report examines the division of responsibilities for those in need of protection from a global perspective. It analyses past and present models and discusses its feasibility in practice. Y1 - 2018 UR - https://www.delmi.se/en/publications/report-and-policy-brief-2017-10-a-fair-share-refugees-and-responsibility-sharing/ ER - TY - RPRT A1 - Costello, Cathryn A1 - Ioffe, Yulia A1 - Büchsel, Teresa T1 - Article 31 of the 1951 Convention Relating to the Status of Refugees N2 - The aim of this paper is to clarify the correct interpretation of Article 31 of the 1951 Convention Relating to the Status of Refugees (the 1951 Refugee Convention). The interpretation proposed is based on the binding international precepts relating to treaty interpretation, as reflected in Articles 31 to 33 of the Vienna Convention on the Law of Treaties (VCLT). Y1 - 2017 UR - http://www.refworld.org/docid/59ad55c24.html ER - TY - CHAP A1 - Costello, Cathryn ED - Barrett, Gavin T1 - EC Immigration & Asylum Policymaking: Integrating a Role for the Oireachtas T2 - National Parliaments and the European Union: The Constitutional Challenge for the Oireachtas and Other Member State Legislatures Y1 - 2008 SN - 9781905536023 SP - 205 EP - 242 PB - Clarus Press ER - TY - CHAP A1 - Costello, Cathryn ED - Baldaccini, Anneliese ED - Guild, Elspeth ED - Toner, Helen T1 - The Asylum Procedures Directive in Legal Context: Equivocal Standards Meet General Principles T2 - Whose Freedom, Security and Justice? EU immigration and asylum law after 1999 Y1 - 2007 SN - 9781841136844 SP - 151 EP - 193 PB - Hart Publishing ER -