CYIL Vol. 7, 2016

CYIL 7 ȍ2016Ȏ RIGHT TO A FAIR TRIAL IN ASYLUM PROCEDURES to an effective remedy guaranteed by Art. 46 of Directive 2013/32/EU generally requires that the applicant has been granted the right to an oral hearing during the appeal proceedings. Final note The Common European Asylum System is the ideal to which the European rules should head. But do we truly have a common European asylum system? In terms of legislative quite so. All stages of the asylum process are covered by legislation, although a number of provisions have a “soft” or “may” character. The migration wave has, however, exposed fundamental flaws which the Commission and some Member States are now trying to correct. However, it is primarily for the national courts of the Member States to apply the Procedures Directive in the light of EU law, including the right to effective judicial protection. From the considerations offered to a wider debate above it is possible to derive the conclusion that the existing scope of the right of everyone to an efficient and fair court proceedings may also be applied to the issue of asylum. However, we can also predict the efforts of Member States not to apply the procedural safeguards to such an extent as in other processes, especially with reference to the specifics of the asylum procedure in the context of the so far rather uncontrolled migration into Europe. The degree of protection of individual rights before the authorities and courts has, however, in the context of the Council of Europe and the European Union reached such a level that it will encourage Member States in their possible efforts to significantly limit the procedural safeguards in asylum procedures.

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