Who has the right to have rights? The judgments of the CJEU and ECtHR as building blocks for a European 'ius commune' in asylum law

Using a comparative approach the chapter critically examines the case-law on asylum of the two European Courts in the light of the 2013 EU Asylum Package in order to assess how and the extent to which their decisions contribute to the development of the Common European Asylum System (CEAS) and, in this context, to the adoption of a truly fundamental rights approach in asylum.