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Dear colleagues,
You may be interested in the new Booklet published by ECRE and the Dutch Council for Refugees on how the EU Charter of Fundamental Rights can be applied to asylum procedural law.
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.
The booklet can be downloaded from the ECRE website: http://www.ecre.org/component/content/article/70-weekly-bulletin-articles/866-new-practitioners-tool-on-how-charter-of-fundamental-rights-can-be-applied-to-asylum-procedural-law-.html
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