An EU Right to Interim Protection during Appeal Proceedings in Asylum Cases?

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Abstract

Does EU law provide for a right to interim protection in asylum cases and if so under what circumstances and in what form? These questions are addressed in this article on the basis of relevant EU legislation, the EU principle of effectiveness and the right to effective judicial protection, and finally international human rights law, which serves as a source of inspiration for these principles. It is argued that Article 39 of the Procedures Directive, interpreted in the light of the EU principle of effectiveness and the EU right to effective judicial protection, requires a remedy with automatic suspensive effect in all asylum cases, regardless of their arguability. It is therefore conceivable that this provision offers broader protection than the right to an effective remedy, laid down in international human rights treaties, such as Article 13 ECHR.
Original languageEnglish
Pages (from-to)407-434
JournalEuropean Journal of Migration and Law
Volume12
Issue number4
DOIs
Publication statusPublished - 2010
Externally publishedYes

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