Common European Asylum System in a Changing World

should respect general principles of EU law such as primacy, direct effect and indirect effect. National courts and authorities should take into account the case law of the CJEU in keeping with the principle of homogeneous interpretation of the CEAS a cquis . They must also respect at all times the relevant international standards including the 1951 Geneva Convention, the CAT, the CRC and the ECHR, in light of the case law of the respective monitoring bodies. 5.2 Selected case law The importance of the CJEU interpretative judgments for the jurisdiction of national courts in the area of EU asylum acquis can be illustrated by CJEU statistics. The statistics on the activity of the CJEU on cases completed by judgments, by opinions, or by orders including judicial determination by subject matter of the action during 2013–2017 shows that the greatest number of cases in the area of freedom, security and justice are due to numerous migration and asylum cases. 2 Year 2013 2014 2015 2016 2017 Area of freedom, security and justice 46 51 49 51 61 The following sections present an overview of selected case law relevant for interpretation of legislative instruments of the CEAS and concepts used in European asylum law. This overview of relevant jurisprudence is not intended as an exhaustive list. It only aims to provide practical direction to students by referring to some of the most relevant provisions and case law. The references below are organized by respective legal instruments and by topic. Where possible, the case law is hyperlinked for ease of reference. 5.2.1 Determination of the state responsible for examining an asylum application (“Dublin Regulation”) In keeping with the preamble of the Dublin III Regulation, and as attested by the case law of the CJEU since the Ghezelbash judgment 3 , human rights should be mainstreamed fully in the Dublin practice. The interpretative judgments of the CJEU are therefore of utmost importance for clarification of various criteria and rules of the Dublin procedure. Selected relevant CJEU case law Dublin Regulation Council Regulation (EC) N° 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application Kastrati, C-620/10 The withdrawal of an application for asylum within the terms of Article 2(c) of DR, which occurs before the Member State responsible for examining that application 2 See: Court of Justice of the European Union Annual report on judicial activity 2017, pg. 107 3 C-63/15 Ghezelbash

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