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ABSTRACT
The present study intends to reveal the complexity of the serious humanitarian problems generated by the migration of the population in today's world, emphasizing the causes, the effects, but especially the democratic mechanisms to address this matter. We intend to reveal a series of legal mechanisms, made available to the national executive authorities in order to combat this phenomenon, but also the legal instruments and the procedural ways of solving the applications for asylum, formulated by the persons who are in a situation of separation from their countries of origin, often against their will.
At the heart of this legal system for solving migration, with continental valences, there are the courts of law, which have the tutelary role in solving the legal matters related to these problems. We will present in this study a series of solutions of the judicial practice, having as finality the exemplification of the way of correlation of the legal institutions created by the national legislator and by the European Union in order to solve the aspects related to the phenomenon of migration.
In this way we intend to offer both to those who are beginning the initiation into the mysteries of law and theorists and to those involved in the activity of judicial practice of solving the applications for summons, a useful and easy, also well-documented and exemplified, tool of information regarding the way of solving the contestations against the decisions of the administrative institution legally competent to solve the applications for granting the refugee status. We will reveal both the national practice and the one in the field of the Court of Justice of the European Union, these examples of judicial solutions being meant to give us a balance in approaching the legal problems of migration.
Key words:
migration; refugee status; contestation; persecution; applicants for social protection; courts of law.
1.Consideraţii introductive despre migraţie
Chestiunea migraţiei refugiaţilor reprezintă o problemă pe cât de dureroasă, de complexă şi dificil de armonizat cu posibilităţile statelor de destinaţie, de a găzdui asemenea persoane aflate în dificultate extremă, din punct de vedere umanitar, economic, social etc., pe atât de actuală şi dezbătută la nivelul statelor membre ale Uniunii Europene. Fenomenul de migrare nu este unul nou în Europa, ci a cunoscut...