Access To An Effective Remedy Before A Court Or Tribunal In Asylum Cases

Abstract

This chapter assesses the potential impact of EU law on national procedural rules. It argues on the basis of the case-law of the Court of Justice and the views of several sources which inspire EU fundamental rights, that the EU right to an effective remedy includes a right of access to an effective remedy. Several factors relating to the accessibility of the remedy required by Article 39 PD are then addressed: notification of the asylum decision and information on available remedies, time-limits for lodging the appeal access to (free) legal assistance and the time between the decision on the application and expulsion. The chapter also introduces the right to an effective remedy laid down in Article 39 PD. Finally, it discusses the EU right to an effective remedy, its sources of inspiration and its scope of application. Keywords: Article 39 PD; asylum decision; EU fundamental rights; EU law; national procedural rules