Informace o publikaci
Judicial interactions upholding the right to be heard of asylum seekers, returnees and immigrants: The symbiotic protection of the EU Charter and general principles of EU law
| Autoři | |
|---|---|
| Rok publikování | 2022 |
| Druh | Kapitola v knize |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | This chapter analyses the role played by the EU Charter in asylum-, return- and visa-related hearing procedures through the lens of judicial interactions. The chapter analyses how several types of judicial interaction have helped domestic courts in, first, identifying which of the various EU legal sources of the right to be heard are applicable to asylum seekers, returnees and visa applicants at the domestic level (section II). It continues by investigating how judicial interactions have contributed to the development of concrete standards for the conduct of administrative hearings (section III). The chapter proceeds with an analysis of how judicial interactions have empowered domestic courts to shape new remedies for violation of the right to be heard outside the confines of EU secondary legislation and domestic procedural law directly on the basis of the EU law general principle of the right to defence and Article 47(2) EU Charter (section IV). It concludes by identifying the outcomes and shortcomings of judicial interaction for the uniform application of the EU fundamental right to be heard of asylum seekers returness and immigrants across the Member States. |