Les droits politiques des demandeurs d’asile Cover Image
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Les droits politiques des demandeurs d’asile
Les droits politiques des demandeurs d’asile

Author(s): Bălan Marius
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: refugees, asylum; European Union; European Court of Human Rights; political rights;

Summary/Abstract: In the paradigm of western thinking, any individual, by his or her very quality of a human being has certain unalienable rights – the basic rights and freedoms. These include political rights, also. Political rights aim towards constituting the political will of the state. As foreigners, asylum seekers do not have in principle political rights against the state they seek for shelter, but they keep their political rights against their state of origin. The phenomenon of mass migration requires some reconsideration of international relations on this topic. The actual presence of a considerable mass of foreign citizens on the territory of a European state entitles that state to perform in their name the acts it deems proper and adequate in order to secure their participation at the creation of the political will in the state they come from. Such an approach represents by no means an encroachment upon the state sovereignty, but rather an act within the framework of international legal constitution, aimed towards fulfilling and guaranteeing self-determination of the national community in the state asylum seekers’ state of origin.

  • Issue Year: 2016
  • Issue No: 02
  • Page Range: 182-195
  • Page Count: 14
  • Language: French
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