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8 - Effective Remedies and Defence Rights in the Field of Asylum, Migration and Borders
from Part II - Asylum, Migration and Borders
- By Nathan Cambien
Edited by Sara Iglesias Sánchez, Maribel González Pascual, Universitat Pompeu Fabra, Barcelona
Book:

Fundamental Rights in the EU Area of Freedom, Security and Justice

Published online:

06 August 2021

Print publication:

29 July 2021, pp 159-176
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Summary

Procedural rights play a crucial role in the functioning of the EU rules on asylum, migration and borders, as they provide fundamental guarantees allowing individuals to safeguard their substantive rights. The growing importance in the case law of the CJEU and in EU secondary legislation of, in particular, the right to an effective remedy and the right to be heard has acted as a catalyst for an increased standard of protection in the Member States in this field. Three further fundamental procedural rights – namely the right to access the file, the right to legal assistance and representation and the right to legal aid – are still at a comparatively embryonic stage for the moment, but they could be very significant for the future development of the EU acquis in the field.