EMN study: ‘Access to remedies for international protection applicants’

EMN study into the possibilities in EU Member States for asylum applicants to have the decision on their application reviewed by a court.

Study period - Up to and including November 2024
Participating EU Member States - Austria (AT), Belgium (BE), Bulgaria (BG), Cyprus (CY), Czechia (CZ), Germany (DE), Estonia (EE), Greece (EL), Finland (FI), France (FR), Hungary (HU), Ireland (IE), Croatia (HR), Lithuania (LT), Luxembourg (LU), Latvia (LV), the Netherlands (NL), Poland (PL), Sweden (SE), Slovakia (SK), Slovenia (SI), Spain (ES)

Background and scope

• Everyone has the right to challenge a decision before an independent court if they disagree with it. This is, among other things, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union.
• Article 46 of the Asylum Procedure Regulation (2024/1348/EU) stipulates that EU countries must ensure that people applying for international protection can have a decision on their application reviewed by a court.
• The Asylum Procedure Regulation will apply from 12 June 2026 and may require future adjustments to national policy. Against this background, the EMN maps existing appeal procedures in EU Member States.
• This concerns first-instance appeal procedures, i.e. the first time a court considers the case. Subsequent appeal procedures and/or procedures resulting from the Dublin Regulation fall outside the scope of this study.

EMN publications

• EMN inform, ‘Access to remedies for international protection applicants’, May 2025

EMN Netherlands publications

• EMN Netherlands two-pager (comparison of Dutch policy with other EU Member States): ''Beroepsprocedures voor aanvragers van internationale beschermingen' (Dutch), July 2025
• News item, ‘Many cases, limited capacity: the number of asylum appeals a challenge for many courts in EU Member States’, July 2025