Law Commons^™

This paper explores the latest developments in the context of the European Court of Human Rights’ and the European Court of Justice’s expansive interpretation of the right to an effective remedy and the procedural guarantees afforded to protection seekers by the pertaining international and regional legislation. In their recent judgments the Courts have determined both the states’ obligations on guaranteeing fair and effective procedures for people trying to enter Europe as well as the individuals' corresponding right to seek protection. The paper takes a thorough look at the reasoning of the Courts and emphasizes on the -not any more underlying …