The asylum acquis and the European Court of Justice

AuthorLisjana Cukaj
PositionEuropean University of Tirana
ISSN 2410-759X
Acces online at
Balkan Journal of Interdisciplinary Research
IIPCCL Publishing, Tirana-Albania Vol. 1 No. 3
January 2016
The asylum acquis and the European Court of Justice
Lisjana Cukaj Phd (c)
European University of Tirana
In the European Union, the right to asylum was laid down at Article 18 in the Charter of
Fundamental Rights and it allows those in need of protection to access the asylum system
of the European Union and to be granted refugee or subsidiary protection status. Therefore,
the rulings of the European Court of Justice on the right to asylum, relate to the transfer
of asylum seekers in the State responsible for examining their application, to the
conditions for granting and withdrawing refugee and subsidiary protection status, and
to the transposition of directives in national law. The European Court of Justice, had
played an important role in the development of European asylum. Thus it is essential to
study the decisions of this court to see how this court is faced with different cases relating
to the right to asylum, and how it contributes to the harmonization of european legal
system. The mission of the European Court of Justice is to provide that interpretation
and the application of treaties is in accordance with law. The current diversity of the
responsibilities of the member states, and the level of protection that they offer is issues
the most problematic in this field.
Keywords: Asylum seeker, Dublin Regulations, Qualification Directive, European Court
of Justice.
The European Court of Justice have played an important role in the development of
the European refugee and asylum law. It is therefore essential to study the rulings
of this court to see different cases relevant to the right to asylum , as well as it
contribute to the harmonization to the European legal system in the field of asylum.
The mission of this court is to ensure that in the interpretation and application of
the treaties the law is observed. The majority of asylum seekers having their asylum
application rejected at the first instance of the asylum procedure of fearing expulsion,
request the application of the qualification directive hoping they will be entitled to
either the refugee or subsidiary protection status after a further examination of
their claim. After crossing European borders, asylum seekers have to first comply
with the conditions of access to the asylum system and procedures, procedural
aspects of asylum law, and then be granted protection, substantive aspects of asylum
law. The asylum procedure often refer to the Dublin Regulations establishing the
member state responsible for examining an asylum application, and minimum
conditions for granting asylum in the European union, when he does not satisfy
the refugee conditions, but may be at risk of suffering serious harm, he may qualify
for subsidiary protection status.
1. Procedural aspects
1. 1 Dublin ll Regulations.
Dublin regulation (Dublin ll) is founded for determining the member state, which

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT