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M. Wielec – Concepts of “Refugee” and “Migrant” in Legal Order. Semantic Remarks

The main areas to be assessed:
Clarifying the terminology: the notion of ‘refugee’ versus ‘migrant’. The framework of interpretation of the UN refugee convention, with special regard to the illegal entry in the country and the principle of non-refoulement. Practice of the Council of Europe and within especially the European Court of Human Rights from a Central European perspective with regard to questions related to migration.
Comparative Law No. I: the question of EU and Member State competencies: refugee law versus migration law, enhancing the related jurisprudence of the national constitutional courts.
Comparative Law No. II: The role of constitutional courts with regard to migration and refugee law. Assessment of the steps made by the EU since 2015: theory and practice, the question of double standards. The concept of ‘safe third country’.
Comparative Law No. III: Theory and practice of returning irregular migrants, including the readmission agreements as well as the difficulties of enforcement, and – based upon eventual discrepancies – dilemmas related to legal certainty. Assessment of the context between demography and the issue of migration with legal relevance.

Presenter: Prof. UKSW Dr. Marcin Wielec, Director, IWS; Vice-Dean of the Faculty of Law and Administration, Cardinal Stefan Wyszynski University in Warsaw, Poland
Presentation title: Concepts of “Refugee” and “Migrant” in Legal Order. Semantic Remarks

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by Central European Academy

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