Τhe appeal against a decision rejecting asylum and the principle of effectiveness
Written by Giorgos Kazoleas, Lawyer in Cyprus The positive impact of the application of the principle of effectiveness reflects a significant recent ruling by the European Court of Justice (ECJ). The decision concerns immigration law and in particular the right of the asylum seeker to appeal against the decision rejecting his application. The ECJ considers that the applicant may rely on circumstances subsequent to the rejection in his appeal and that the national court should take them into account. According to the Judgment [1] , it is for each Member State to lay down procedural rules for legal actions that would safeguard that effective judicial protection. The Court recalls that the Dublin III Regulation 4 provides that a person who is the subject of a transfer decision is to have the right to an effective remedy against that decision and that that remedy must cover, inter alia, the examination of the application of that regulation. According to article 27 of the Regul...