Common European Asylum System in a Changing World

EXERCISE: 1. Where is? Find the following terms in the text of the Returns Directive and explain them: Return decision, voluntary departure, entry-ban, detention.

2. Explain the impact of a suspensive effect of judicial review and its relation to the principle of non-refoulement. (Use the two cases listed below.)

Judicial review and automatic suspension of the enforcement of the return decision is not explicitly required by the current RD. However, the CJEU clarified in the Abdida and Gnandi cases, that a judicial remedy shall be granted and that it cannot be considered effective if it has no automatic suspensive effects when there are substantial grounds to believe that removal would infringe the principle of non-refoulement . To the contrary, the CJEU clarified, in the X. and in X. and Y . cases, that the RD does not compel Member States to set up a second level of jurisdiction, nor to confer automatic suspensory effect on that case. 7.3 Family Reunification Directive Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification The aim The Family Reunification Directive is a legislative instrument aimed at establishing the ‘right to family reunification for third-country nationals’ (recital (16)). The Directive determines the conditions under which family reunification is granted, establishes procedural guarantees, and provides rights for the family members concerned. The scope of application The Directive applies to third-country nationals residing lawfully in the territory of the Member States, including persons with refugee status. It explicitly excludes applicants for refugee status, temporary protection, and a subsidiary form of protection (in accordance with international obligations, national legislation, or the practice of Member States) as well as beneficiaries of subsidiary protection and temporary protection (Article 3(2)). This directive applies in 25 EU Member States (excluding the United Kingdom , Ireland, and Denmark). Note: At the time when the Family Reunification Directive was adopted, the subsidiary protection regime in the QD had not yet been adopted. Therefore, the right of beneficiaries of subsidiary protection to family reunification is a matter for national law.

The Directive includes more favourable provisions for the family reunification of refugees in some respects.

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