Judicial Protection and the New European Asylum Regime

TLDR: Refugee status determination (RSD) is, at the national level, carried out in asylum procedures as discussed by the authors, to which, on the one hand, general procedural norms of the administrative legal framework and on the other hand, distinct procedural norm of national aliens legislation apply.

Abstract: Refugee status determination (RSD) is, at the national level, carried out in asylum procedures. These are procedures of administrative justice, to which, on the one hand, general procedural norms of the administrative legal framework and, on the other hand, distinct procedural norms of national aliens legislation apply. The nature of RSD gives rise to demands on robust judicial protection.1 The vast interests embedded in the procedure on the sides of as well states as applicant require real, objective and effective possibilities for review and remedy. The national character of RSD, nevertheless, leaves it for each state to decide in which manner to meet these requirements.2 From the outsets of Community negotiations on the European framework for RSD, the European Union has also emphasized the need for inclusion of rules regarding judicial protection in the EC legislation on the field.3 Lately, the