Judging the Charter
The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as ‘the Treaties’).
The text of the Article has been based on TEC Article 63, now replaced by Article 78 of the Treaty on the Functioning of the European Union, which requires the Union to respect the Geneva Convention on refugees. Reference should be made to the Protocols relating to the United Kingdom and Ireland, annexed to the Treaties, and to Denmark, to determine the extent to which those Member States implement Union law in this area and the extent to which this Article is applicable to them. This Article is in line with the Protocol on Asylum annexed to the Treaties.
Source:
Official Journal of the European Union C 303/17 - 14.12.2007
Qualification Directive 2011/95/EU (Recast)
Council decision of 22 September 2015 on relocation
Slovak Republic and Hungary v Council of the European Union
Actiones - Handbook Module 5 Asylum and Migration
The application of the EU Charter of Fundamental Rights to asylum procedural law
Handbook on European law relating to asylum, borders and immigration
Applicability – Yes or no? Minimum standards for the reception of asylum seekers