The EU Charter of Fundamental Rights as a Point of Reference in National Asylum Law The EU Charter of Fundamental Rights as a Point of Reference in National Asylum Law

Abstract

The protection of fundamental rights is a classic example of interaction between international, EU and national law. In this paper we describe the impact of the EU standard of fundamental rights protection on cases in which national courts apply asylum law.

Further, we demonstrate how the European Court of Justice and national courts take account of the Charter in individual cases. We consider whether the application of the Charter may influence material standards of protection or whether national practice remains restricted to mere reference to the wording of Charter articles.

Keywords

• European Union
• Charter of Fundamental Rights
• asylum law
• point of reference
• constitutional court
• Court of Justice of the EU