Adequate and fair asylum procedures are a precondition for the
effective exercise of rights granted to asylum applicants, in
particular the prohibition of refoulement. In 1999 the EU Member
States decided to work towards a Common European Asylum System. In
this context the Procedures Directive was adopted in 2005 and
recast in 2013. This directive provides for important procedural
guarantees for asylum applicants, but also leaves much discretion
to the EU Member States to design their own asylum procedures. This
book examines the meaning of the EU right to an effective remedy in
terms of the legality and interpretation of the Procedures
Directive in regard to several key aspects of asylum procedure: the
right to remain on the territory of the Member State, the right to
be heard, the standard and burden of proof and evidentiary
assessment, judicial review and the use of secret evidence.
General
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