ii. Minimum Standards for Normal Procedures

  Main Debates What Constitutes Appropriate Minimum Standards? Harmonisation of Standards v. Deference to State Law, Policy and PracticeRights of Vulnerable Applicants to Procedural Protections (e.g. Separated Children, Traumatised Asylum-Seekers)   Main Points Low Level of Minimum Standards Safeguards Appeals Remedies   EU Documents Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status, OJ L 326, 13 December 2005. Council Resolution of 20 June 1995 on Minimum Guarantees for Asylum Procedures, OJ C274, 19 September 1996. ‘Communication from the Commission to the Council and the European Parliament “A More Efficient Common European Asylum System: The Single Procedure as the Next Step”’, COM (2004) 503, 15 July 2004.   UNHCR Documents UNHCR ‘Summary of UNHCR’s Provisional Observations on the Proposal for a Council Directive on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status (Council Document 14203/04, Asile 64, of 9 November 2004)’, March 2005.   Reading Core R. Byrne ‘Remedies of Limited Effect: Appeals under the forthcoming Directive on EU Minimum Standards on Procedures’ (2005) 7 European Journal of Migration and Law 71 – 86.J. van der Klaauw, 'Towards a Common Asylum Procedure' in E. Guild and C. Harlow (eds.), Implementing Amsterdam: Immigration and Asylum Rights in EC Law (Oxford: Hart, 2001), 165-194. Immigration Law Practitioners Association ‘Analysis and Critique of Council Directive on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status (30 April 2004)’, London, July 2004.    

About the Reader

Section I Introduction to International Refugee Law: Background and Context


Section II International Framework for Refugee Protection


Section III European Framework for Refugee Protection


Section IV UNHCR and Other Actors Relevant to International Asylum Law




ii. Minimum Standards for Normal Procedures

 

Main Debates

What Constitutes Appropriate Minimum Standards?

Harmonisation of Standards v. Deference to State Law, Policy and Practice
Rights of Vulnerable Applicants to Procedural Protections (e.g. Separated Children, Traumatised Asylum-Seekers)

 

Main Points

Low Level of Minimum Standards

Safeguards

Appeals

Remedies

 

EU Documents

Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status, OJ L 326, 13 December 2005.

Council Resolution of 20 June 1995 on Minimum Guarantees for Asylum Procedures, OJ C274, 19 September 1996.

‘Communication from the Commission to the Council and the European Parliament “A More Efficient Common European Asylum System: The Single Procedure as the Next Step”’, COM (2004) 503, 15 July 2004.

 

UNHCR Documents

UNHCR ‘Summary of UNHCR’s Provisional Observations on the Proposal for a Council Directive on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status (Council Document 14203/04, Asile 64, of 9 November 2004)’, March 2005.

 

Reading

Core

R. Byrne ‘Remedies of Limited Effect: Appeals under the forthcoming Directive on EU Minimum Standards on Procedures’ (2005) 7 European Journal of Migration and Law 71 – 86.

J. van der Klaauw, 'Towards a Common Asylum Procedure' in E. Guild and C. Harlow (eds.), Implementing Amsterdam: Immigration and Asylum Rights in EC Law (Oxford: Hart, 2001), 165-194.

Immigration Law Practitioners Association ‘Analysis and Critique of Council Directive on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status (30 April 2004)’, London, July 2004.

 

 



EU Documents

Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status

Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status, OJ L 326, 13 December 2005.

Council Resolution of 20 June 1995 on Minimum Guarantees for Asylum Procedures

Council Resolution of 20 June 1995 on Minimum Guarantees for Asylum Procedures OJ 274 13, 19 September 1996.

Communication from the Commission to the Council and the European Parliament “A More Efficient Common European Asylum System: The Single Procedure as the Next Step

‘Communication from the Commission to the Council and the European Parliament “A More Efficient Common European Asylum System: The Single Procedure as the Next Step” ’, COM (2004) 503, 17 July 2004.

UNHCR Documents

Summary of UNHCR’s Provisional Observations on the Proposal for a Council Directive on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status (Council Document 14203/04, Asile 64, of 9 November 2004)

UNHCR ‘Summary of UNHCR’s Provisional Observations on the Proposal for a Council Directive on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status (Council Document 14203/04, Asile 64, of 9 November 2004)’, March 2005.

Readings

Core

Remedies of Limited Effect: Appeals under the forthcoming Directive on EU Minimum Standards on Procedures

R. Byrne ‘Remedies of Limited Effect: Appeals under the forthcoming Directive on EU Minimum Standards on Procedures’ (2005) 7 European Journal of Migration and Law 71 – 86.
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Towards a Common Asylum Procedure

J. van der Klaauw, 'Towards a Common Asylum Procedure' in E. Guild and C. Harlow (eds.), Implementing Amsterdam: Immigration and Asylum Rights in EC Law (Oxford: Hart, 2001), 165-194.

Reproduced with the permission of Hart Publishing (c) 2001, Hart Publishing

Analysis and Critique of Council Directive on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status (30 April 2004)

Immigration Law Practitioners Association �Analysis and Critique of Council Directive on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status (30 April 2004)�, London, July 2004.