European court of asylum-does it exist?

Abstract

The chapter assesses the role of the CJEU (Court of Justice of European Union) and the ECrtHR (European Court of Human Rights) in the asylum law development in Europe. Right of asylum is recognized by some EU Member States in their constitutions, but this is not the case in all EU Member States. Author seeks to find answers to several questions on the role of the courts in the development of EU asylum system by looking at the different instruments that one can use. In the analysis, special attention is paid on the Bosphorus ruling done by the ECrtHR as the basis of the protection of fundamental rights and the balance between the two important courts-the ECrtHR and CJEU in Europe. As after the Lisbon Treaty changes the Charter of Fundamental Rights becomes part of the primary legislation of European Union, it is also compared with the existing directives on refugee status, subsidiary protection, and qualification directive.