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The right to an oral hearing in Austrian asylum appeal procedures in the light of Article 47(2) of the Charter of Fundamental Rights of the European Union

Date: 
Friday, January 16, 2015

Introduction

In Austria, an oral hearing needs to be formally requested both in asylum appeal procedures and administrative procedures in general. Notwithstanding that a request may be lodged, the competent Federal Administrative Court (Bundesverwaltungsgericht) may dispense with an oral hearing under Section 21 Para. 7 Federal Office Procedure Act (BFA-...

Detention in the EU, can the Charter of Fundamental Rights of the EU provide additional safeguards?

Date: 
Friday, January 10, 2014

With the adoption of the new EU asylum acquis, many changes will be made to the Common European Asylum System. Some of the provisions will improve protection standards and safeguards for those who are in need of international protection, nevertheless, it has also brought about some very contentious changes; now for the first time at EU level, EU legislation specifically provides for the detention...

Reduction or withdrawal of material reception conditions: the contribution of the Charter of Fundamental Rights of the EU

Date: 
Friday, January 3, 2014

Introduction

With the adoption of the revised asylum acquis earlier this year, and specifically the recast Reception Conditions Directive (“rRCD”) which needs to be transposed by 21 July 2015, there has been a marked improvement in the reception conditions that Member States need to provide for those seeking international protection. Nevertheless, there are still some obvious shortcomings and most controversially, for the first time at EU...

The Dublin system and the Right to an Effective Remedy– The case of C-394/12 Abdullahi

Date: 
Friday, December 13, 2013

This article is to be read in conjunction with the EDAL case summary.

Introduction

On 10 December 2013 the Grand Chamber of the Court of Justice of the European Union (CJEU) issued a preliminary reference ruling in case C-394/12 Abdullahi concerning the scope of Dublin appeals in situations where a Member State has agreed to take charge of an applicant for asylum under Art. 10(1)...

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