Judging the Charter

The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers

The application of the EU Charter of Fundamental Rights to asylum procedural law


This publication has been prepared jointly by European Council on Refugees and Exiles (ECRE) and Dutch Council for Refugees.

The booklet seeks to provide an overview of secondary legislation relevant in the context of the asylum procedure and explain how the Charter can be used to interpret these provisions. As the Court of Justice of the European Union is engaged in interpreting secondary EU legislation, its case law is also discussed. The meaning and scope of Charter rights are the same as those set out in the ECHR, but it shall not prevent the Charter from providing a more extensive protection. Therefore the case law of the European Court of Human Rights is also covered.