The right to a fair trial in the context of international migration law
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Abstract (EN)
International migration law is one of the leading areas of modern legal systems. For this importance, it is in constant relationship with other areas of law. In this context, international migration law, which is particularly closely related to human rights law, is addressed like ECHR, ECJ, Constitutional Court through its connection with this area. Consequently, migration and human rights disciplines have become two closely interconnected areas. Moreover, individual or mass movements from one country to another make international migration law dynamic area and increase problems related to this area. Especially, states have different practices regarding access of refugees to asylum procedures and right to fair trial in judicial processes, benefiting from the elements of this right. Indeed, differences are observed in jurisprudence of high judicial authorities like ECHR, ECJ, Constitutional Court on this issue. In this study, international migration law is discussed in terms of its relationship with right to fair trial, important human right. Our study consists of three sections. In the first section, subjects of migration and asylum law are explained by including the terminology of international migration in order to avoid terminological confusion in thesis. In the second section, the right to fair trial, its elements and international regulations. In the third section, other rights and freedoms recognized in international migration law were touched upon and the relationship between these rights and freedoms and right to fair trial was discussed through decisions of high courts like ECHR, ECJ, Constitutional Court. Consequently, in our study, the case law of ECHR and the Constitutional Court regarding the non-application of Article 6 of ECHR in disputes on migration and asylum was particularly criticized, and it was attempted to prove that right to fair trial of asylum seekers could be protected most effectively if Article 6 were applied aforementioned disputes.
Author
Hasan Fatih Paluluoğlu
How to Cite
Hasan Fatih Paluluoğlu (Master Thesis). The right to a fair trial in the context of international migration law, 2025, Dicle University.
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