KRÁLOVÁ, Alžbeta. Effective remedies in immigration and asylum law – on the way of stronger harmonisation? In The Society of Legal Scholars Annual Conference York. 2015.
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Basic information
Original name Effective remedies in immigration and asylum law – on the way of stronger harmonisation?
Authors KRÁLOVÁ, Alžbeta.
Edition The Society of Legal Scholars Annual Conference York, 2015.
Other information
Original language English
Type of outcome Presentations at conferences
Field of Study 50500 5.5 Law
Country of publisher United Kingdom of Great Britain and Northern Ireland
Confidentiality degree is not subject to a state or trade secret
Tags International impact
Changed by Changed by: Mgr. Bc. Alžbeta Králová, Ph.D., učo 219733. Changed: 11/10/2015 20:40.
Abstract
Recent case-law of the Court of Justice and the activities of the European Commission regarding remedies in visa proceedings shows the wide of scope of article 47 of the Charter of Fundamental Rights of the European Union and its potential impact for the national procedural rules. Article 47 of the Charter became important legal basis for further harmonisation of asylum and immigration law proceedings within the Member States. The recast of the asylum procedures directive brings also crucial changes to the appeal procedure, which can influence not only the procedural rules, but also the organisation of judiciary as such (at least in some of the Member States). This development raises numerous questions regarding the distribution of competences between the Member States and the EU in the field of procedural guarantees, regarding the balance between the need of stronger harmonisation and the procedural autonomy of the States. This paper will therefore explore the ongoing changes in interpretation of effective remedies in the case law of the Court of Justice of the European Union and in the activities of the European commission connected mostly with the broader use and the interpretation of the Charter and the impact of such changes on the national legislation.
Links
MUNI/A/1207/2014, interní kód MUName: Vliv unijního práva na úpravu opravných prostředků v cizineckém právu (Acronym: VUPOP)
Investor: Masaryk University, Category A
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