Common European Asylum System in a Changing World

Selected relevant ECtHR case law

G.S. v Bulgaria (no. 36538/17) Extradition to Iran to face criminal charges would risk a violation of Article 3 of the ECtHR due to a possible exposure to flogging under Iranian penal law. Sh.D. and others v. Greece, Austria, Croatia, Hungary, Northern Macedonia, Serbia and Slovenia (no. 14165/16; English summary) Detention conditions in Greek police stations and living conditions in the Idomeni Camp in northern Greece for five unaccompanied children were found to be in breach of Article 3 of the Convention. A further violation was found in respect of Article 5 § 1 regarding the “protective custody” of unaccompanied children in police stations. Illias and Ahmed v. Hungary (no. 47287/15) The case concerned the detention of two Bangladeshi asylum-seekers in the border zone for 23 days as well as their removal from Hungary to Serbia. When State Parties do not examine an application for international protection in its merits based on a safe third country clause, Article 3 of the ECHR still requires that they apply a thorough and comprehensive legal procedure to assess the existence of such risk by looking into updated sources regarding the situation in the receiving third country. Hungary violated Article 3 by failing to conduct an efficient and adequate assessment when applying the safe third country clause for Serbia. 5.2.3 Procedure for granting and withdrawing refugee status Asylum Procedures Directive Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (the recast Asylum Procedures Directive) replaced the first-phase Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status The recast Directive establishes rules and common procedures for lodging asylum applications. It sets time limits for the examination of applications (in principle six months at the administrative stage), while providing for the possibility to accelerate the procedure for applications of those coming from a country of origin being considered safe or in case of subsequent applications; Member States can voluntarily apply the safe third country concept; the Directive obliges Member States to provide access to legal assistance and for training to staff of Member States’ asylum administration. The Member States should provide support to those in need of special guarantees (e.g. because of age, disability, illness, etc.). Selected relevant CJEU case law Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status – “Procedures Directive”

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