Book contents
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- Part II Asylum, Migration and Borders
- 4 Mutual (Dis-)Trust in EU Migration and Asylum Law: The ‘Exceptionalisation’ of Fundamental Rights
- 5 The Right to Liberty in the Field of Migration, Asylum and Borders
- 6 Family Life and the Best Interests of the Child in the Field of Migration
- 7 The EU Fundamental Right to Asylum: In Search of Its Legal Meaning and Effects
- 8 Effective Remedies and Defence Rights in the Field of Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
8 - Effective Remedies and Defence Rights in the Field of Asylum, Migration and Borders
from Part II - Asylum, Migration and Borders
Published online by Cambridge University Press: 06 August 2021
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- Part II Asylum, Migration and Borders
- 4 Mutual (Dis-)Trust in EU Migration and Asylum Law: The ‘Exceptionalisation’ of Fundamental Rights
- 5 The Right to Liberty in the Field of Migration, Asylum and Borders
- 6 Family Life and the Best Interests of the Child in the Field of Migration
- 7 The EU Fundamental Right to Asylum: In Search of Its Legal Meaning and Effects
- 8 Effective Remedies and Defence Rights in the Field of Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
Summary
Procedural rights play a crucial role in the functioning of the EU rules on asylum, migration and borders, as they provide fundamental guarantees allowing individuals to safeguard their substantive rights. The growing importance in the case law of the CJEU and in EU secondary legislation of, in particular, the right to an effective remedy and the right to be heard has acted as a catalyst for an increased standard of protection in the Member States in this field. Three further fundamental procedural rights – namely the right to access the file, the right to legal assistance and representation and the right to legal aid – are still at a comparatively embryonic stage for the moment, but they could be very significant for the future development of the EU acquis in the field.
Keywords
- Type
- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2021