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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.