The European asylum procedures directive in legal context
In the Tampere Conclusions, the European Council pledged to develop ‘common standards for a fair and efficient asylum procedure’ in Europe. This chapter considers whether this commitment has been met in the Procedures Directive. In this discussion, fairness is understood in a general sense, as familiar from administrative law, requiring adequate hearing and impartiality, albeit adapted to the specificities of the asylum process. Efficiency is a more difficult concept. It tends to be conceived of in a narrow state-centric manner, as the minimisation of the costs of providing protection, in a manner apt to undermine fairness. The Tampere commitment in contrast implies that the notions must be conceived of as mutually reinforcing.