Who Should be Entitled to Decide on and to Review Applications for International Protection? Cover Image

Komu svěřit posuzování a přezkum žádostí o mezinárodní ochranu?
Who Should be Entitled to Decide on and to Review Applications for International Protection?

Author(s): Jana Jurníková, Alžbeta Králová
Subject(s): Civil Law
Published by: Masarykova univerzita nakladatelství
Keywords: Asylum; International Protection; Determining Authority; Judicial Review; Procedures Directive; Full and ex nunc Review.

Summary/Abstract: Increased migration flows reopen the debates related to the system of processing and reviewing applications for international protection on EU level, as well as on the national level. The debate on national level is influenced also by the need to implement the obligation to provide full and ex nunc examination of both facts and points of law, including the international protection needs. This development leads to the questions related to the functionality of current system of determining authorities in asylum matters and the system of review of decisions on international protection, more particularly to the question which authority should decide on and review the applications in asylum matters. The article focuses on the possible amendments with respect to determining authorities and with respect to system of judicial review in asylum matters that currently does not fully comply with revised Procedures Directive.

  • Issue Year: 24/2016
  • Issue No: 2
  • Page Range: 131-141
  • Page Count: 11
  • Language: Czech