The Road to the Common European Asylum System: From Amsterdam to Lisbon and Beyond

Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts

“…When referring to the institutions and bodies of the Union it also includes national authorities when they are carrying out EU law (as per Article 51 of the EU Charter). 143 See Ref. This argument is further buttressed by the fact that asylum law and policy is now clearly within the remit of EU law.…”

“…140 By the same token, asylum-seekers can also rely on Article 47 of the EU Charter, which provides for the right to an effective remedy and to a fair trial. 145 See Ref. [119], see footnote 142, at 48 and 50. Gil-Bazo traces the roots of Article 18 of the EU Charter back to Article 14 of the 1948 Universal Declaration of Human Rights (UDHR).…”

“…These include: no omission of the personal interview in such cases, 137 reasonable time limits for the adoption of the decision and an adequate and complete examination, including of manifestly unfounded claims, 138 reasonable time limits for appeal, 139 and the possibility to ask for the suspensive effect of an appeal. These include: no omission of the personal interview in such cases, 137 reasonable time limits for the adoption of the decision and an adequate and complete examination, including of manifestly unfounded claims, 138 reasonable time limits for appeal, 139 and the possibility to ask for the suspensive effect of an appeal.…”

“…Moreover, according to Article 31(6)(e) Recast, the examination of a claim may be accelerated if the 'applicant has made clearly false or obviously improbable representations which contradict sufficiently verified country of origin information, thus making his/her claim clearly unconvincing' in relation to whether she/he qualifies for international protection. 139 See Article 46 (4) Recast. 141 In addition, Article 31(6)(g) Recast allows for an examination of a claim to be accelerated if 'the applicant may for serious reasons be considered a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious 135 136 See Article 31(6) Recast, which permits that an examination procedure, in accordance with the basic principles and guarantees of Chapter II, be accelerated and/or conducted at the border in accordance with Article 43 Recast in seven exhaustive cases.…”

“…137 See Article 14(2) Recast. 142 With regard to the ''Safe Third Country'' (STC), 143 ''Safe Country of Origin'' (SCO) 144 and ''First Country of Asylum'' (FCA), the compromise text of the Directive retains these concepts with some changes rather than removing them completely, despite their alleged violation of international refugee law. 139 See Article 46 (4) Recast.…”