Judicial interactions upholding the right to be heard of asylum seekers, returnees and immigrants : the symbiotic protection of the EU Charter and general principles of EU law

Abstract

Whilst it is up to the European Union’s Member States to ‘provide remedies sufficient to ensure effective legal protection in the fields covered by Union law’ (Art. 19(1) Treaty on European Union (TEU)), the determination and enforcement of the European (Union) standard of ‘effective legal protection’, encompassing judicial independence, has become the challenge for the rule of law (in the light of Art. 2 TEU), the right to a fair trial (Art. 47 Charter of Fundamental Rights of the European Union (CFR)), for the effectiveness of Union law2 and, as a result, for the entirety of the European Union legal system.