Der Status im europäischen Asylrecht

Despite the constitutionalisation of asylum law by EU law over the last two decades, proceedings based on national norms often still occur before asylum authorities and the courts of EU Member States. This book examines the divergences in and tensions between the constitutionalisation of asylum law by EU law on the one hand and how national asylum laws operate on the other. The national context in this book is primarily Austria’s asylum law. As asylum encapsulates various status categories that determine the rights and duties of a person in most areas of life, this book analyses asylum law from the perspective of an individual’s legal status. The contributions it contains examine, among other issues, the case law of the European Court of Justice on persecution on the grounds of sexual orientation, exclusion from protection status, the uniform status of protection, the principle of the best interests of the child in EU law, as well as temporary residential status in light of the principle of human dignity.