The asylum acquis and the European Court of Justice

• Author: Lisjana Cukaj
• Position: European University of Tirana
• Pages: 59-62

59

ISSN 2410-759X

Acces online at www.iipccl.org

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

Abstract

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.

Introduction

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