Judging the Charter

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

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Keyword Subsidiary Protection

Charter Articles

Article 4 Prohibition of torture and inhuman or degrading treatment or punishment

 
Related Case Law

N.S. and M.E. Aranyosi and Căldăraru Puid Ghezelbash Karim Abdida Danqua M.P. A.S. C. K., H. F., A. S. v Republika Slovenija

 
Related E-Learning

Actiones - Handbook Module 5 Asylum and Migration Actiones - Handbook Module 7 Criminal Law Case Study - Removal of persons suffering from serious mental or physical illness Case Study - Detention of asylum seekers on grounds of national security and public order The application of the EU Charter of Fundamental Rights to asylum procedural law The Case Law of the European Regional Courts: the Court of Justice of the European Union and the European Court of Human Rights Refugees, asylum-seekers, and stateless persons An Introduction to the Common European Asylum System for Courts and Tribunals. A Judicial Analysis Applicability – Yes or no? Issuing of a visa on humanitarian grounds or because of international obligations Case study - Transfer under Dublin regulation Case study - Non-refoulement? Case Study - To surrender or not to surrender? Case study - Dublin? Transfer? Case Study - Discretionary clause

 
Related Articles

Article 3 - Right to the integrity of the person

Keywords

Reception conditions, Prohibition of torture and other ill-treatment, Subsidiary Protection, Dublin procedure, Returns of illegally staying third-country nationals
Legal documents

Qualification Directive 2004/83/EC

 
Related Case Laws

A, B and C El Kott and Others M. M. Y and Z Abdida M.P. Danqua

 
Related E-Learning

Case Study - Removal of persons suffering from serious mental or physical illness Preliminary Deference? The impact of judgments of the Court of Justice of the EU in cases X.Y.Z., A.B.C. and Cimade and Gisti on national law and the use of the EU Charter of Fundamental Rights Handbook on European law relating to asylum, borders and immigration Case study - Religious persecution as a reason for granting international protection Case study - Fear of Persecution? Case study - Verifying sexual orientation of asylum seekers?

Keywords

Subsidiary Protection, Qualification criteria

Qualification Directive 2011/95/EU (Recast)

 
Related Case Laws

Alheto

 
Related E-Learning

The application of the EU Charter of Fundamental Rights to asylum procedural law Handbook on European law relating to asylum, borders and immigration Case study - Religious persecution as a reason for granting international protection Case Study - Confirming sexual orientation?

 
Related Articles

Article 1 Human dignity Article 7 Respect for private and family life Article 18 Right to asylum Article 21 Non-discrimination Article 34 Social security and social assistance

Keywords

Subsidiary Protection, Qualification criteria
Case Law

Abdida

 
Related Legal Documents

Qualification Directive 2004/83/EC Asylum Procedures Directive 2005/85/EC Return Directive 2008/115

 
Related Case Law

M.P.

 
Related Articles

Article 1 Human dignity Article 2 Right to life Article 4 Prohibition of torture and inhuman or degrading treatment or punishment Article 3 - Right to the integrity of the person Article 19 Protection in the event of removal, expulsion or extradition Article 20 Equality before the law Article 21 Non-discrimination ECHR Article 3 - Prohibition of Torture ECHR Article 13 - Right to an effective remedy

Keywords

Procedural safeguards, Reception conditions, Subsidiary Protection, Effective remedy, Qualification criteria, Returns of illegally staying third-country nationals

Alheto

 
Related Legal Documents

Qualification Directive 2011/95/EU (Recast) Asylum Procedures Directive 2013/32/EU (Recast) Asylum Procedures Directive 2005/85/EC

 
Related Articles

Article 18 Right to asylum Article 19 Protection in the event of removal, expulsion or extradition Article 47 Right to an effective remedy and to a fair trial

Keywords

Procedural safeguards, Subsidiary Protection, Effective remedy, Qualification criteria

Danqua

 
Related Legal Documents

Qualification Directive 2004/83/EC

 
Related Articles

Article 4 Prohibition of torture and inhuman or degrading treatment or punishment ECHR Article 6 - Right to a fair trial

Keywords

Preliminary Ruling, Subsidiary Protection

El Kott and Others

 
Related Legal Documents

Qualification Directive 2004/83/EC

 
Related E-Learning

The Case Law of the European Regional Courts: the Court of Justice of the European Union and the European Court of Human Rights Refugees, asylum-seekers, and stateless persons Handbook on European law relating to asylum, borders and immigration

 
Related Articles

Article 20 Equality before the law

Keywords

Preliminary Ruling, Subsidiary Protection, Qualification criteria

M.P.

 
Related Legal Documents

Qualification Directive 2004/83/EC

 
Related Case Law

M’Bodj Abdida

 
Related E-Learning

Case Study - Removal of persons suffering from serious mental or physical illness

 
Related Articles

Article 4 Prohibition of torture and inhuman or degrading treatment or punishment Article 1 Human dignity Article 19 Protection in the event of removal, expulsion or extradition

Keywords

Prohibition of torture and other ill-treatment, Subsidiary Protection, Qualification criteria

M’Bodj

 
Related Case Law

M.P.

 
Related E-Learning

An Introduction to the Common European Asylum System for Courts and Tribunals. A Judicial Analysis

 
Related Articles

Article 19 Protection in the event of removal, expulsion or extradition ECHR Article 3 - Prohibition of Torture

Keywords

Reception conditions, Prohibition of torture and other ill-treatment, Subsidiary Protection, Qualification criteria

Puid

 
Related Legal Documents

Dublin II Regulation 343/2003

 
Related Case Law

N.S. and M.E.

 
Related E-Learning

The application of the EU Charter of Fundamental Rights to asylum procedural law The Case Law of the European Regional Courts: the Court of Justice of the European Union and the European Court of Human Rights Refugees, asylum-seekers, and stateless persons Handbook on European law relating to asylum, borders and immigration

 
Related Articles

Article 4 Prohibition of torture and inhuman or degrading treatment or punishment

Keywords

Prohibition of torture and other ill-treatment, Subsidiary Protection, Dublin procedure
Exercises

An Introduction to the Common European Asylum System for Courts and Tribunals. A Judicial Analysis

 
Related Case Laws

A, B and C N.S. and M.E. Y and Z M’Bodj M. M. Samba Diouf

 
Related Articles

Article 1 Human dignity Article 10 Freedom of thought, conscience and religion Article 4 Prohibition of torture and inhuman or degrading treatment or punishment Article 41 - Right to good administration Article 47 Right to an effective remedy and to a fair trial

Keywords

Procedural safeguards, Reception conditions, Prohibition of torture and other ill-treatment, Detention, Subsidiary Protection, Effective remedy, Dublin procedure, Qualification criteria, Returns of illegally staying third-country nationals, Family reunification

Case study - Religious persecution as a reason for granting international protection

 
Related Legal Documents

Qualification Directive 2011/95/EU (Recast) Qualification Directive 2004/83/EC

 
Related Case Laws

Y and Z

 
Related Articles

Article 10 Freedom of thought, conscience and religion

Keywords

Subsidiary Protection, Qualification criteria

Case Study - Removal of persons suffering from serious mental or physical illness

 
Related Legal Documents

Qualification Directive 2004/83/EC

 
Related Case Laws

M.P.

 
Related Articles

Article 4 Prohibition of torture and inhuman or degrading treatment or punishment Article 1 Human dignity Article 19 Protection in the event of removal, expulsion or extradition

Keywords

Prohibition of torture and other ill-treatment, Subsidiary Protection, Qualification criteria

Handbook on European law relating to asylum, borders and immigration

 
Related Legal Documents

Dublin II Regulation 343/2003 Dublin III Regulation 604/2013 Qualification Directive 2011/95/EU (Recast) Qualification Directive 2004/83/EC Asylum Procedures Directive 2013/32/EU (Recast) Asylum Procedures Directive 2005/85/EC Schengen Borders Code Regulation (EU) 2016/399 Visa Code Regulation (EC) No 810/2009 Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States Reception Conditions Directive 2003/9/EC Reception Conditions Directive 2013/33/EU (Recast) Return Directive 2008/115

 
Related Case Laws

El Kott and Others Y and Z Puid CIMADE, GISTI M. M. X, Y and Z N.S. and M.E. Mohamad Zakaria O., S. and L. Samba Diouf MA and Others ZZ

 
Related Articles

Article 18 Right to asylum Article 19 Protection in the event of removal, expulsion or extradition Article 47 Right to an effective remedy and to a fair trial

Keywords

Procedural safeguards, Reception conditions, Rights of the child, Prohibition of torture and other ill-treatment, Detention, Subsidiary Protection, Effective remedy, Dublin procedure, Qualification criteria, Returns of illegally staying third-country nationals, Family reunification

Judicial Trainer’s Guidance Note. To be read in conjunction with: An Introduction to the Common European Asylum System (CEAS) for Courts and Tribunals A Judicial Analysis

Keywords

Procedural safeguards, Reception conditions, Prohibition of torture and other ill-treatment, Detention, Subsidiary Protection, Effective remedy, Dublin procedure, Qualification criteria, Returns of illegally staying third-country nationals

The Case Law of the European Regional Courts: the Court of Justice of the European Union and the European Court of Human Rights Refugees, asylum-seekers, and stateless persons

 
Related Case Laws

Samba Diouf Puid Y and Z CIMADE, GISTI H.I.D., B.A. MA and Others M. M. El Kott and Others N.S. and M.E. X, Y and Z

 
Related Articles

Article 1 Human dignity Article 18 Right to asylum Article 19 Protection in the event of removal, expulsion or extradition Article 4 Prohibition of torture and inhuman or degrading treatment or punishment

Keywords

Procedural safeguards, Reception conditions, Rights of the child, Preliminary Ruling, Prohibition of torture and other ill-treatment, Subsidiary Protection, Effective remedy, Dublin procedure, Qualification criteria, Returns of illegally staying third-country nationals