Common European Asylum System in a Changing World

Article 19 of the EU Charter reflects the principle of non-refoulement. It includes a prohibition to return a person to a situation where he or she has a well-founded fear of being persecuted or runs a real risk of torture or inhuman and degrading treatment or punishment (See more in Chapter 5 CJEU case law.) Moreover, there are other EU Charter provisions relevant in the context of asylum and migration. The following articles of the EU Charter are mentioned not only in the recitals of secondary CEAS legislation, but also in CJEU case law in the context of asylum issues. (Some of the relevant cases referred to in Chapter 5 are mentioned in the table below to illustrate respective articles of the EU Charter in the context of common asylum policy.) Article 1 human dignity (Saciri and others, C-79/13 , Haqbin, C-233/18 ) Article 4 prohibition of torture and inhuman or degrading treatment or punishment, Article 6 right to liberty and security (MEHMET ARSLAN V POLICIE ČR C-534/11 ) Article 7 respect for private and family life, Article 11 freedom of expression and information, Article 14 right to education, Article 15 freedom to choose an occupation and right to engage in work, Article 16 freedom to conduct business, Article 18 right to asylum (CJEU asylum cases referring to 1951 Geneva Convention and non-refoulement principle see Chapter 5) Article 19 protection in the event of removal, expulsion or extradition (CJEU asylum cases referring to 1951 Geneva Convention and non-refoulement principle see Chapter 5) Article 24 non-discrimination, Article 23 equality between woman and men, Article 24 the rights of the child (A & S, C-550/16 ) Article 34 social security and social assistance (AYUBI, C-713/17) Article 35 health care, Article 47 right to an effective remedy and a fair trial (TORUBAROV C-556/17) The list of articles cited is not exhaustive. Other provisions of the charter which are also of particular relevance to the CEAS include: Article 2: right to life; Article 3(1): right to physical and mental integrity,

Article 5(3): prohibition of trafficking in human beings; Article 10: freedom of thought, conscience and religion; Article 41: right to good administration;

As far as the scope of application of the EU Charter is concerned, it must be stressed that not all national measures in the asylum area may be examined in the light of the EU

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