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Asylum Procedures

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Chapter Summary

The Directive on asylum procedures, agreed in principle in April 2004, as revised in November 2004, and then formally adopted on 1 December 2005, lays down the minimum procedural guarantees applicable for the granting and withdrawing of refugee status. The standards of protection are significantly lower in the final Directive as compared to the Commission's 2002 proposal. The major legal issues concern the compatibility of the Directive with international human rights law and the principles of the Geneva Convention itself. The legitimacy of EC asylum law and of Community pretences to be committed to the protection of fundamental human rights. This chapter discusses articles of council directive 2005/85 on minimum standards on procedures in Member States for granting and withdrawing refugee status; definition of determining authority, designation of safe countries of origin for the purposes of articles 30 and 30A(1), and definition of applicant or applicant for asylum.

Keywords: articles of council directive; asylum procedures; Geneva convention; international human right law; member states



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