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Effective Remedies in the EU: a Matter of Basic Principles

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Chapter Summary

This chapter argues, on the basis of three basic principles of EU law, that the national legislators are generally obliged to include in their immigration law procedures effective remedies for third-country nationals when implementing EU or EC law. It tries to convey how this obligation goes beyond the often vague and open norms included in data protection law and the instruments based on Title IV TEC. Finally, the chapter formulates minimum criteria for effective remedies which, can be derived from the law. The principle that the enjoyment of Community rights requires Member States to provide for effective judicial scrutiny of decisions affecting those rights is important for the assessment of the national implementation of the EC immigration and asylum law.

Keywords: asylum law; EC immigration law; European Union (EU); TEC



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