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Accessing Asylum in EuropeExtraterritorial Border Controls and Refugee Rights under EU Law$
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Violeta Moreno-Lax

Print publication date: 2017

Print ISBN-13: 9780198701002

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780198701002.001.0001

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The EU Right to Asylum: An Individual Entitlement to (Access) International Protection

The EU Right to Asylum: An Individual Entitlement to (Access) International Protection

Chapter:
(p.337) 9 The EU Right to Asylum: An Individual Entitlement to (Access) International Protection
Source:
Accessing Asylum in Europe
Author(s):

Violeta Moreno-Lax

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198701002.003.0009

This chapter analyses the right to asylum enshrined in Article 18 CFR and its relevance in relation to access to international protection in the EU. It sets out the origins and evolution of the notion. The chapter shows the impact of the CSR51 and the ECHR on the classic understanding that the right of asylum is a matter exclusively belonging to the sovereign. The rights to leave any country and to seek asylum implicit in those instruments are assessed, together with the principle of proportionality and the limits it imposes on State discretion, and the intersection with the absolute prohibition of refoulement. The ‘right to gain effective access to the procedure for determining refugee status’ established by the Strasbourg Court as well as developments within the Common European Asylum System are also given attention. Comparisons are made with the approach adopted by the CJEU in the areas of free movement, legal/illegal migration, and EU citizenship. This serves as a basis for the clarification of the meaning of the right to (leave to seek) asylum inscribed in the Charter that Member States must ‘guarantee’ and its implications for mechanisms of ‘integrated border management’.

Keywords:   Right to asylum, Article 18 CFR, right of asylum, right to leave any country, right to seek asylum, State discretion, proportionality, principle of non-penalisation, right to flee, opposability, right of entry, admission to refuge, implicit obligations, asylum procedure, good faith, effectiveness, CEAS, effet utile

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