286 / 536
272
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.