ICJ submission on the 2011 recast of the EU asylum procedure directive

The ICJ published today its observations on the 1 June 2011 recast of the European Union “Directive on common procedures for granting and withdrawing international protection”.

The directive is under consideration by the European Parliament and the Council of the European Union.

In the submission the ICJ addressed, in particular, the following issues:

  • issues arising under international human rights law and international refugee law in relation to legal aid and representation for asylum seekers;
  • the maintenance of the concept of “safe country”;
  • the exceptions to the right to remain in the country pending the asylum procedure;
  • the possibility to use Special Advocates;
  • the wide possibilities given to Member States to resort to accelerated and border procedures;
  • the geographical scope of the directive;
  • the exceptions to the role of primacy of the determining authority in asylum procedures; and
  • the maintenance of possibilities for communication and information to and with the asylum seeker other than in a language than he or she understands.

ICJ-asylum procedure directive-legal submission-2011 (full text, PDF)

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