| Abstract [eng] |
With the entry into force of the Treaty of Lisbon on 1st December 2009, the Charter of Fundamental Rights of the European Union (,,the Charter“) became a legally binding instrument. Master Thesis reveals the content of 47 Article of the Charter. The first chapter of the Master Thesis examines in detail the elements of the principle of the right to an effective remedy. Are analyzed what kind of rights is covered by this article. The second chapter examines the impact of the jurisprudence of the Court of Justice of the European Union, in which applied Article 47 of the Charter, to the Common European Asylum System. Also research identifies what rights and protection are guaranteed by Article 47 of the Charter for refugees and asylum seekers. More detailed are examined the application of Article 47 of the Charter in an accelerated asylum procedure, the interaction between the principle of non-refoulement and right to effective remedy, the application of conclusive presumption and it compliance with Article 47 of the Charter. An analysis of the judgments of the Court of Justice of the European Union has shown that the number of asylum cases is on the rise following from the entry into force of the Treaty of Lisbon. In the Master Thesis are raised the question if the jurisprudence of the Court of Justice of the European Union strengthen the level of protection of asylum seekers in the European Union. In the light of the recent jurisprudence and legal framework relating to asylum, it has been concluded that the Court of Justice of the European Union has the potential, in accordance with Article 47 of the Charter, to have a significant impact on the development of the European Union's asylum law, which also means strengthening the protection of refugees and asylum seekers. The Master Thesis also analyzes the relationship and scope between refugees rights to effective remedy in the Charter and the European Convention on Human Rights. The third Chapter of the Master Thesis analyzes the decisions of the national courts, in which the courts applied Article 47 of the Charter in not superficially way, but gave greater importance to this Article. An analysis of the Master Thesis reveals that in the absence of protection guaranteed by Article 47 refugees could be unreasonably restricted to have access to asylum. |
