ECRE : Preliminary Deference? The impact of the Court of Justice of the EU in cases X.Y.Z., A.B.C. and Cimade and Gisti on national law and the use of the EU Charter of Fundamental Rights

The study intends to examine the extent of implementation of asylum-related judgments of the Court of Justice of the European Union and their impact on relevant asylum policies across the EU. It also looks at the role national authorities and the judiciary play in ensuring the application of CJEU case law and the Charter of Fundamental Rights of the EU.

In particular, the study aims to:

● Assess the national legislative and policy impact of the selected CJEU judgments;

● Identify national and EU-level guidance documents as well as national jurisprudence which interpret the judgments or key concepts included therein;

● Analyse whether the CJEU judgments are interpreted divergently across the selected EU Member States;

● Examine how the EU Charter of Fundamental Rights is used in the selected Member States when applying the CJEU judgments in question.

Resource category: 
Elements of Proof
Benefit of doubt,
Burden of proof,
Credibility assessment,
Duty of applicant,
Medical Reports/Medico-legal Reports,
Relevant Documentation,
Relevant Facts,
Elements of Protection Definition,
Real risk,
Refugee Status,
Well-founded fear,
Forms of and Reasons for Persecution and Serious Harm,
Sexual orientation,
Procedural rights and safeguards,
Reception conditions; general rights and entitlements,
Material reception conditions,
Reception conditions,
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