The unaccompanied or separated minor is, according to the European Union body of legislation regarding asylum and migration, one of the extremely vulnerable categories of persons, and the risk of vulnerability is amplified in the case of the unaccompanied or separated minor - asylum seeker. Ever since the EU pre-accession period Romanian legislation reconciled, according to the European model, the requirements of the rules on migration with humanism provisions in the field of child rights. The images in the media about the migratory flows in recent years have revealed a system that requires imperatively legislative changes, adapting procedures, innovative work tools, including the case of the unaccompanied minor asylum seeker. In this article I intend to analyze the existing legislative framework in Romania, highlighting the positive aspects of the law and those which I believe that should be reconsidered so that the interests of the minor in the asylum procedure to be properly protected.
1. Bacic Selanec, Nika. “A Critique of EU Refugee Crisis Management: On Law, Policy and Decentralisation.” Croatian Yearbook of European Law and Policy , 11:11 (2015): 73–114.
2. Bank, Roland. “The Emergent EU Policy on Asylum and Refugees.” Nordic Journal of International Law 68:1 (1999): 1–29.
3. Borrelli, Lisa Marie, and Annika Lindberg. “Lithuania’s ‘Hotel’ with Special Guests” (April 2016) // https://www.law.ox.ac.uk/research-subject-groups/centrecriminology/centreborder-criminologies/blog/2016/04/lithuania's .
Albert M, ‘Governance and Refugee Prima Facie Refugee Status Determination: Clarifying the Boundaries of Refugee Protection, Group Determination, and Mass Influx’ (2010) 29 (1) Refugee Survey Quarterly.
Arenilla SL, ‘Violations to the Principle of Non-Refoulement Under the Asylum Policy of the United States’ (2015) XV Anuario Mexicano de Derecho Internacional.
Chetail V, ‘Armed Conflict and Forced Migration: Systematic Approach to International Humanitarian Law, Refugee Law, and International Human Rights Law’ in A Clapham, P Gaeta
, ed. Governing for the Future: Interdisciplinary Perspectives for a Sustainable World. Bologna: MEDIMOND, 2016.
12. Möller, Ulrika, and Isabell Shierenbeck. “Hidden Treasure or Sinking Ship? Diagnosing the Study of Political Leadership.” QoG WORKING PAPER SERIES 2009:27 (Göteborg, The Quality of Government Institute) // http://qog.pol.gu.se/digitalAssets/1350/1350722_2009_27_moller_shierenbeck.pdf .
13. No author named. “Migration and Home Affairs” (2015) // http://ec.europa.eu/dgs/home-affairs/what-wedo/policies/asylum/index_en.htm .
10. Khromey, Vasyl. “Svoboda pratsi yak vazhlyva harantiya konstytutsiynoho prava na pratsyu” (Freedom of work is an important guarantee of the constitutional right to labor). Natsional’nyy yurydychnyy zhurnal: Teoriya i praktyka (Lyutyi, 2016): 30–34 // http://www.jurnaluljuridic.in.ua/archive/2016/1/part_2/6.pdf .
11. Kirkwood, Steve, Simon Goodman, Chris McVittie, and Andy McKinlay. “Asylum-Seekers and the Right to Work”: 99–120. In: The Language of Asylum . London: Palgrave Macmillan, 2017 // DOI: 10.1007/978-1-137-46116-2_7.
.S. District Court judge, Jon S. Tigar, who held that Trump could not refuse to process asylum claims by those who had entered the United States illegally. Trump accused Tigar of political bias by damning him as “an Obama judge”. Chief Justice Roberts responded by saying:
We do not have Obama or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for. Adam Liptak, Chief Defends
of State Officials Issues. The Italian Yearbook of International Law , 2012, Vol. 22, p. 16.
SAWYER, Caroline. Civis Britannicus sum’ no longer? Deprivation of British nationality. Journal of Immigration Asylum and Nationality Law , 2013, p. 23.
SCHOENBAUM, Thomas J. Admiralty and Maritime Law . St. Paul, Minn.: West Group, 2001.
TANAKA, Yoshifumi. The International Law of the Sea . Cambridge: Cambridge University Press, 2015, p. 168.
VAN EIJKEN, Hanneke. European Citizenship and the Competence of member States to Grant and to Withdraw
-parliament-approves-plan-to-seize-assets-from-refugees > Accessed: 16.02.2018
DAMON, Arwa, HUME, Tim. Denmark adopts contraversial law to seize asylum seekers’ valuable. The CNN, 26 January 2016. [online] Available at: < http://edition.cnn.com/2016/01/26/europe/denmark-vote-jewelry-bill-migrants/ > Accessed: 16.02.2018.
Decision of the Ombudsman, ’En Jämlik tillgänglighet av läkarhelicoptrar’, Dnro 1989/2014, 16 July 2015.
DE LARRIGE, Miguel, DOUGET, Marc. Sovereign Power and the Biopolitics of Human Security, Security Dialogue, 2008, vol. 39, no. 5
DE VATTEL, Emer, The Law of Nations, or
President chastised both a federal District Court judge, who had placed a temporary hold on an executive branch order barring some immigrant asylum seekers, and the Ninth Circuit (as “a big thorn in our side”). Kate Sullivan and Paul LeBlanc, Trump calls 9th Circuit a ‘big thorn in our side,’ accuses judges of imperiling US security , CNN, Nov. 22, 2018, https://www.cnn.com/2018/11/22/politics/trump-chief-justice-john-roberts-judges/index.html
Notwithstanding these and other challenges, however, we have good reasons for thinking they represent less than meets the eye