ECRE and the Dutch Council for Refugees have just published a booklet on the application of the Charter of Fundamental Rights of the EU to asylum procedural law. With the entry into force of the Treaty of Lisbon in December 2009, the Charter became a legally binding instrument, and therefore, asylum practitioners can use its standards to enhance the protection afforded to those who are seeking international protection. It can also help achieve a proper interpretation of the relevant EU asylum Regulations and Directives.
The booklet seeks to provide an overview of secondary legislation relevant in the context of the asylum procedure which is then assessed in light of the Charter and other relevant fundamental rights and principles as well as the case law of both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR).
It includes two introductory sections that set out the content, scope and legal effects of the Charter and other relevant fundamental rights and principles. It then goes on to explain the role of the CJEU and national courts in the application and interpretation of EU law. Following from this there are nine sections covering the following issues access to the territory and to the asylum procedure; the right to remain on the territory; Legal assistance, representation and legal aid; the right to a personal interview, time-limits in the asylum procedure, the standard and burden of proof, evidentiary assessment; the right to an appeal of an asylum decision; and the examination of new elements and findings in subsequent applications.
English – French – Italian
This article originally appeared in the ECRE Weekly Bulletin of 31 October 2014. You can subscribe to the Weekly Bulletin here.