The European Court of justice, the right to health and the principle of non refoulement
Mancini, Mattia Mario (A.A. 2023/2024) The European Court of justice, the right to health and the principle of non refoulement. Tesi di Laurea in European union law, Luiss Guido Carli, relatore Francesco Cherubini, pp. 51. [Bachelor's Degree Thesis]
Full text for this thesis not available from the repository.
Abstract/Index
European Union: a right to stay for medical reasons. The role of the international instruments in protecting the fundamental rights. An in deep analysis: health and asylum and the principle of non-refoulement under the return directive. The judicial relationship between the right to private life and the right to stay for medical reasons. Case C-69/21, the right to health and its double facet: a limit for the removal of an illegally staying third-country national, although a non-guarantee of a right of residence. Legal context: international law, European Union law, Netherlands law. X v staatssecretaris van justitie en veiligheid: the dispute in the main proceedings. The hague district Court: the questions referred for a preliminary ruling. The Court’s argument: considerations for the issuing of a removal order for an illegally staying third-country national and its consequences. The severity threshold: when a removal order is precluded. Health deterioration and the hypothetical strict period to consider within which the decline must be expected. The commitment of member States to ensure the state of health after the removal order. The obligation to respect fundamental charter rights when implementing EU Law: the impossibility to carry out a removal order, although a non-guarantee of a right of residence.
References
Bibliografia: pp. 50-51.
| Thesis Type: | Bachelor's Degree Thesis |
|---|---|
| Institution: | Luiss Guido Carli |
| Degree Program: | Bachelor's Degree Programs > Bachelor's Degree Program in Politics: Philosophy and Economics (L-36) |
| Chair: | European union law |
| Thesis Supervisor: | Cherubini, Francesco |
| Academic Year: | 2023/2024 |
| Session: | Summer |
| Deposited by: | Alessandro Perfetti |
| Date Deposited: | 13 Dec 2024 15:57 |
| Last Modified: | 13 Dec 2024 15:57 |
| URI: | https://tesi.luiss.it/id/eprint/40627 |
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