- Foreword
- Acknowledgements
- Acronyms and abbreviations
- Introduction
- Section 1. Global overview of asylum in 2020
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Section 2. Major developments in asylum in the European Union in 2020
- 2.1 Road to a Common European Asylum System
- 2.2 Responding to the new reality of the COVID-19 pandemic
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2.3 Key developments in policy and practices at the EU level
- 2.3.1 Presidencies of the Council of the European Union
- 2.3.2 Situation at the EU external borders and migration routes
- 2.3.3 Pressure on the Greek borders and islands
- 2.3.4 Relocation following search and rescue operations
- 2.3.5 EU resettlement schemes
- 2.3.6 UK withdrawal from the EU and its implications on asylum
- 2.4 External dimension of EU policy
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2.5 Jurisprudence of the Court of Justice of the EU
- 2.5.1 Effective access to the asylum procedure
- 2.5.2 Personal interviews in inadmissible cases
- 2.5.3 Assessment of prosecution or punishment for refusal to perform military service
- 2.5.4 Safe third country concept
- 2.5.5 Use of detention
- 2.5.6 Guidance for second instance procedures
- 2.5.7 Non-discrimination of naturalised beneficiaries of international protection
- 2.5.8 Age of minors in family reunification
- 2.5.9 Applying the Return Directive
- 2.5.10 Fulfilling obligations of relocations
- 2.5.11 Restrictions on the work of NGOs
- Section 3. EASO support to countries
- Section 4. Functioning of the Common European Asylum System
- Section 4.1 Access to procedure
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Section 4.2 The Dublin procedure
- 4.2.1 Decisions on outgoing Dublin requests
- 4.2.2 Acceptance rate for Dublin requests
- 4.2.3 Decisions on take charge and take back requests
- 4.2.4 National efforts to amend the overall process
- 4.2.5 Guidance and research on the application of the Dublin III Regulation
- 4.2.6 Concerns around the clauses related to family reunification
- 4.2.7 Use of the discretionary clause
- 4.2.8 Assessing transfers to specific countries: The cases of Bulgaria, Greece and Italy
- 4.2.9 Implementation of transfers to another Member State
- 4.2.10 Following an implemented transfer
- Section 4.3 Special procedures to assess protection needs
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Section 4.4 Processing asylum applications at first instance
- 4.4.1 Setting up more efficient systems
- 4.4.2 Decisions issued on first instance asylum applications
- 4.4.3 Managing case loads
- 4.4.4 Withdrawn applications
- 4.4.5 Assessing applications
- 4.4.6 Managing time limits and notifications
- 4.4.7 Organising personal interviews
- 4.4.8 Training staff
- 4.4.9 Monitoring and quality assurance
- 4.4.10 Accessing case files
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Section 4.5 Processing asylum applications at second or higher instances
- 4.5.1 Reorganising second instance bodies
- 4.5.2 Data on second and higher instances
- 4.5.3 Suspension of a return during an appeal
- 4.5.4 Adapting oral and written procedures
- 4.5.5 Managing time limits and the backlog on appeals
- 4.5.6 Digitalising processes
- 4.5.7 Revising the notification of decisions
- Section 4.6 Pending cases
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Section 4.7 Reception of applicants for international protection
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4.7.1 Organisation and functioning of reception systems
- 4.7.1.1 Changing institutional environments
- 4.7.1.2 Adjusting reception capacity
- 4.7.1.3 Reorganising and adapting reception systems
- 4.7.1.4 Support for the administration of reception facilities
- 4.7.1.5 Renovation and refurbishment needs
- 4.7.1.6 Providing and supporting reception out of reception centres
- 4.7.1.7 Entitlement to material reception conditions
- 4.7.2 Applicants’ daily life
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4.7.1 Organisation and functioning of reception systems
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Section 4.8 Detention during the asylum procedure
- 4.8.1 Recourse to detention
- 4.8.2 Temporary practical arrangements
- 4.8.3 Types of detention facilities and capacity
- 4.8.4 Conditions in detention facilities
- 4.8.5 Detention of minors and applicants with special needs
- 4.8.6 Alternatives to detaining applicants
- 4.8.7 Training detention staff
- 4.8.8 Overseeing the framework for detention
- Section 4.9 Access to information
- Section 4.10 Legal assistance and representation
- Section 4.11 Interpretation services
- Section 4.12 Country of origin information
- Section 4.13 Statelessness in the asylum context
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Section 4.14 Content of protection
- 4.14.1 Granting international protection: Recognition rates
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4.14.2 Building perspectives: Legal status and family reunification
- 4.14.2.1 National forms of protection and regularisation measures
- 4.14.2.2 Review, cessation and revocation of international protection status
- 4.14.2.3 Residence permits
- 4.14.2.4 Family reunification
- 4.14.2.5 Identity and travel documents
- 4.14.2.6 Beneficiaries of international protection moving to another Member State
- 4.14.3 Developing policies: Integration plans and their evaluations
- 4.14.4 Support for integration: Orientation, education, employment, health and welfare
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Section 4.15 Return of former applicants
- 4.15.1 Regulating returns at the European level
- 4.15.2 Coordinated EU approach and increasing role of Frontex
- 4.15.3 Authorities responsible for the return procedure
- 4.15.4 Refining national legislation on the issuance of a return decision to third-country nationals
- 4.15.5 Efficiency of the return process
- 4.15.6 Programmes supporting return and reintegration assistance
- 4.15.7 Providing information on return
- 4.15.8 Return of minors
- 4.15.9 Implementing a return
- Section 4.16 Resettlement and humanitarian admissions
- Section 5. Children and applicants with special needs
- Concluding remarks: The way forward
- Bibliography
- Reader’s guide
- Statistical tables
- Infographics
As the guardian of EU law, the Court of Justice of the European Union (CJEU) ensures that “in the interpretation and application of the Treaties, the law is observed” (TEU, Article 19(1)). As part of its mission, the CJEU ensures the correct interpretation and application of primary and secondary EU laws; reviews the legality of acts of EU institutions; and decides whether Member States have fulfilled their obligations under primary and secondary laws. The CJEU also provides interpretations of EU law when requested by national judges. The court, thus, constitutes the judicial authority of the EU and, in cooperation with the courts and tribunals of Member States, ensures the uniform application and interpretation of EU law.239
In 2020, the CJEU issued several judgments mostly related to preliminary rulings, further interpreting various provisions of CEAS. The judgments covered topics related to effective access, the asylum procedure, the provision of personal interviews in inadmissible cases, forms of protection, detention, second instance procedures, non-discrimination of nationals and beneficiaries of international protection who subsequently acquired citizenship, family reunification and maintaining family unity, the return of third-country nationals and relocations, protection provided to stateless Palestinian by the UNRWA, refusal to perform military service, etc. In addition, the CJEU issued a judgment on national restrictions on funding of NGOs, affecting NGOs working in the area of international protection.
[239] Court of Justice of the European Union. (2021, May 12). The Institution > General Presentation. https://curia.europa.eu/jcms/jcms/Jo2_6999/en/