The Role of the Charter of Fundamental Rights in Protecting the Rights of Asylum Seekers and Refugees

This contribution deals with the issue of the role of the EU Charter of Fundamental Rights in protecting rights of asylum seekers and refugees. The inherent and structural vulnerability of refugees and asylum seekers highlights the need for safeguards for the protection of their fundamental rights, including the right to an effective remedy. This right does not represent only an instrument to guarantee the effectiveness of other rights but constitutes a fundamental right in itself, which must be rendered equally effective. In this context, the right to an effective remedy, interpreted (among others) as the right of the person to remain on the territory of the State pending the outcome of the appeal, the right to be heard, the right to assistance, legal representation and legal aid, is the fulcrum around which the European legislator intended to establish a common system of procedural guarantees. In particular, the international and European regulatory framework on this issue has undergone a significant evolution over time. The Charter of Fundamental Rights of European Union, which became binding with the entry into force of the Lisbon Treaty, has been a turning point in this process. Moreover, this system is in itself only one stage of a still evolving framework.