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A safe harbour or a sinking ship? : on the protection of fundamental rights of asylum seekers in recent CJEU judgments
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1973-2937
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European journal of legal studies, 2019, Vol. 11, No. 2, pp. 29-64
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SADOWSKI, Piotr, A safe harbour or a sinking ship? : on the protection of fundamental rights of asylum seekers in recent CJEU judgments, European journal of legal studies, 2019, Vol. 11, No. 2, pp. 29-64 - https://hdl.handle.net/1814/63308
Abstract
For over a decade, the Common European Asylum System has been continuously tested in practice. However, it has been under particular pressure in recent years due to the unprecedented scale of the latest migration crisis. The Treaty of Lisbon extended the competencies of the Court of Justice of the European Union in asylum issues. Acritical evaluation of the decisions of the Court in this article confirms the existence of a constant tension between ensuring the efficiency of EU law and respecting the rights enshrined in the Charter of Fundamental Rights of the European Union. These research findings are used to determine whether the Court of Justice has strengthened the protection of these rights (especially in the Dublin procedures and in the cases of detention of asylum seekers) and whether it has contributed to the ongoing European judicial dialogue on the rights of asylum seekers.
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Published online: 29 May 2019