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MONIKA FOREJTOVÁ
CYIL 7 ȍ2016Ȏ
RIGHT TO A FAIR TRIAL IN ASYLUM PROCEDURES
Monika Forejtová
Abstract
: The author of this article deals with the quality of legal protection
in asylum procedures in relation to the principles of a fair trial. It is primarily
a description and analysis of some but not all asylum directives and also outlines
current trends in their amendment.
Resumé:
Autorka článku se zabývá kvalitou právní ochrany v azylovém řízení v sou-
vislosti se zásadami spravedlivého procesu. Věnuje se především popisu a analýze
některých, nikoliv veškerých azylových směrnic a také nastiňuje aktuální trendy,
pokud jde o jejich další změnu.
Key words
: asylum, fair trial, the Procedures Directive, the Qualification Directive,
procedural guarantees, protection of asylum applicants.
About the Author: JUDr. Monika Forejtová, Ph.D.
graduated from the Faculty
of Law of Charles University in Prague in 1995 (Mgr. – 1995 Ph.D. – 2001 JUDr. –
2002). Currently, the vice-dean for international relations and head of the Department
of Constitutional and European Law Faculty of Law, University of West Bohemia in
Pilsen and externally collaborates with the Department of European Law, Faculty of
Law of Charles University in Prague.
Introduction
Asylum law in Europe is in the middle of a turbulent period. The level of legal
protection which has already been reached is being questioned as to its quality, clarity
and enforceability and often proposed populist changes toward extreme solutions are
an everyday topic. Uncertainty among states regarding their international cooperation
in asylum matters is the present reality. Yet from the nature of things I refuse to
call the current process a crisis. The process the current European Union is going
through may be a new form of catharsis arrangement in Europe, not only in the
field of asylum. The result of referendum in the UK may however be of a significant
influence on the future arrangement, even though the UK has not joined a number
of secondary standards of asylum law. Having said this, we can demonstrate that the
asylum law does not stand alone outside the framework of European Union law but
is part of the norms of international, EU and national law. The achieved level of legal
protection for asylum applicants is not negligible, even considering the fact that no
law and no legal protection can completely eliminate the risk of personal injustice,
even when a just order of relations in society is the main goal and objective of law.