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.
Asylum Procedures Directive 2005/85/EC
Asylum Procedures Directive 2013/32/EU (Recast)
Schengen Borders Code Regulation (EU) 2016/399
Visa Code Regulation (EC) No 810/2009
Dublin III Regulation 604/2013
Qualification Directive 2011/95/EU (Recast)
Article 47 Right to an effective remedy and to a fair trial
Article 19 Protection in the event of removal, expulsion or extradition
Article 4 Prohibition of torture and inhuman or degrading treatment or punishment