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 Returns of illegally staying third-country nationals

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

Article 6 Right to liberty and security

 
Related Case Law

Aranyosi and Căldăraru Lanigan Al Chodor J.N. Mohammad Khir Amayry K. Mahdi

 
Related E-Learning

Actiones - Handbook Module 5 Asylum and Migration Case Study - Restriction of liberty in asylum proceedings I Case Study - Restriction of liberty in asylum proceedings II

Keywords

Detention, Dublin procedure, Returns of illegally staying third-country nationals
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

Boudjlida

 
Related Legal Documents

Return Directive 2008/115

 
Related Case Law

Sophie Mukarubega

 
Related E-Learning

Applicability - Yes or no? Right to be heard in return proceedings

 
Related Articles

Article 41 - Right to good administration Article 47 Right to an effective remedy and to a fair trial

Keywords

Procedural safeguards, Preliminary Ruling, Effective remedy, General principle EU law, Returns of illegally staying third-country nationals

Mahdi

 
Related Legal Documents

Return Directive 2008/115

 
Related Articles

Article 6 Right to liberty and security Article 47 Right to an effective remedy and to a fair trial

Keywords

Procedural safeguards, Detention, Returns of illegally staying third-country nationals

Sadikou Gnandi

 
Related Legal Documents

Return Directive 2008/115 Reception Conditions Directive 2003/9/EC Asylum Procedures Directive 2005/85/EC

 
Related Articles

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

Keywords

Procedural safeguards, Reception conditions, Preliminary Ruling, Detention, Effective remedy, Returns of illegally staying third-country nationals

Sophie Mukarubega

 
Related Legal Documents

Return Directive 2008/115

 
Related Case Law

Boudjlida

 
Related E-Learning

Applicability - Yes or no? Right to be heard in return proceedings

 
Related Articles

Article 41 - Right to good administration Article 47 Right to an effective remedy and to a fair trial Article 48 Presumption of innocence and right of defence

Keywords

Procedural safeguards, Preliminary Ruling, Effective remedy, General principle EU law, Returns of illegally staying third-country nationals
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

Applicability - Yes or no? Right to be heard in return proceedings

 
Related Legal Documents

Return Directive 2008/115

 
Related Case Laws

Sophie Mukarubega Boudjlida

 
Related Articles

Article 41 - Right to good administration Article 47 Right to an effective remedy and to a fair trial Article 48 Presumption of innocence and right of defence

Keywords

Procedural safeguards, Returns of illegally staying third-country nationals

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