CYIL Vol. 7, 2016

MONIKA FOREJTOVÁ CYIL 7 ȍ2016Ȏ (a) to have access to applicants, including those in detention, at the border and in the transit zones; (b) to have access to information on individual applications for international protection, on the course of the procedure and on the decisions taken, provided that the applicant agrees thereto; (c) to present its views, in the exercise of its supervisory responsibilities under Article 35 of the Geneva Convention, to any competent authorities regarding individual applications for international protection at any stage of the procedure. Excursion into the content and meaning of the European Parliament and Council Directive 2008/115/EC Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning third-country nationals staying illegally is often called the “return directive”. Its content is based on the Tampere European Council 1999, of which the main goal was to established a coherent approach in the field of immigration and asylum, dealing together with the creation of a common asylum system, a legal immigration policy and the fight against illegal immigration. This Directive should mainly establish a horizontal set of rules applicable to all third-country nationals who do not or who no longer fulfil the conditions for entry, stay or residence in a Member State. The Directive refers to the fundamental rights and the principles recognised in particular by the Charter of Fundamental Rights of the European Union. The principle of non-refoulement in the best interests of the child, family life and state of health is emphasized in Art. 5 of the Directive. Regarding procedural rights, we can refer to Chapter III of the Directive. The remedies are enshrined in Art. 13, according to which a third-country national shall be afforded an effective remedy to appeal against or seek review of decisions related to return before a competent judicial or administrative authority or a competent body composed of members who are impartial and who enjoy safeguards of independence. The competent body shall have the power to review decisions related to return, including the possibility of temporarily suspending their enforcement, unless a temporary suspension is already applicable under national legislation. The third-country national concerned should have the possibility to obtain legal advice, representation and, where necessary, linguistic assistance, which should be granted on request free of charge in accordance with relevant national legislation or rules regarding legal aid, and may provide that such free legal assistance and/or representation is subject to conditions as set out in Article 15(3) to (6) of Directive 2005/85/EC.

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