The Contribution of the European Courts to the Common European Asylum System and its Ongoing Recast Process

Abstract

A ‘Common European Asylum System’ (CEAS) based on the full and inclusive application of the Geneva Convention has been developed according to the principles and aims of the Tampere European Council in October 1999 (further elaborated by The Hague Programme adopted in November 2004). However, significant discrepancies and differences between Member States' asylum law and policy still exist, and it has yet to be effectively realized. A recast of the adopted series of important legislative measures harmonizing common minimum standards in the area of asylum is now ongoing. This article will highlight the progressive role played by the Court of Justice of the European Union together with the European Court of Human Rights in the ongoing recast process, particularly in terms of ensuring a higher standard of protection of basic human rights.