Asylum and Article 47 of the Charter: Scope and Intensity of Judicial Review

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Abstract

This contribution focuses on the current developments regarding the scope and intensity of judicial review. It will show that the national context in which questions concerning this issue are raised differ and that the answers to these questions may have a major impact on the legal systems of the Member States. It will address the meaning of the term ‘full and ex nunc examination’ mentioned in Article 46(3) RAPD and the question whether this provision requires judges to offer a public hearing to asylum seekers. However, first some general remarks will be made on Article 47 of the Charter and how it should be interpreted in the context of asylum procedures.
Original languageEnglish
Title of host publicationAsylum and the EU Charter of Fundamental Rights
EditorsA. Crescenzi, R. Forastiero, G. Palmisano
Place of PublicationNaples
PublisherEditoriale Scientifica Napoli
Pages59-77
Number of pages19
ISBN (Print)9788893915151
Publication statusPublished - 2018

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