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Effective remedies in immigration and asylum law – on the way of stronger harmonisation?

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KRÁLOVÁ Alžbeta

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Popis Recent case-law of the Court of Justice and the activities of the European Commission regarding remedies in visa proceedings shows the wide of scope of article 47 of the Charter of Fundamental Rights of the European Union and its potential impact for the national procedural rules. Article 47 of the Charter became important legal basis for further harmonisation of asylum and immigration law proceedings within the Member States. The recast of the asylum procedures directive brings also crucial changes to the appeal procedure, which can influence not only the procedural rules, but also the organisation of judiciary as such (at least in some of the Member States). This development raises numerous questions regarding the distribution of competences between the Member States and the EU in the field of procedural guarantees, regarding the balance between the need of stronger harmonisation and the procedural autonomy of the States. This paper will therefore explore the ongoing changes in interpretation of effective remedies in the case law of the Court of Justice of the European Union and in the activities of the European commission connected mostly with the broader use and the interpretation of the Charter and the impact of such changes on the national legislation.
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