Eu Asylum Procedures and the Right to an Effective Remedy

Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999, the EU Member States decided to work towards a Common European Asylum System. In this context, the Procedures Directive was adopted in 2005. The directive provides for important procedural guarantees for asylum applicants, but it also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review, and the use of secret evidence. (Series: Modern Studies in European Law)

Marcelle Reneman is Assistant Professor in the Migration Law Section of the Department of Constitutional and Administrative Law at the VU University Amsterdam.