The European Migration Network (EMN) has published a new inform titled “Access to remedies for international protection applicants,” offering a comparative overview of how EMN Member Countries organise their first instance appeals procedures. The inform analyses procedural safeguards, common challenges, and good practices across 22 EMN Member Countries covering the period from 2018 to 2024. The inform supports the objectives of the EU’s Pact on Migration and Asylum by providing policymakers with comparable data to inform future procedural reforms.
The right to an effective remedy is fundamental in both EU and international human rights law and it guarantees that applicants for international protection can challenge asylum decisions through fair and accessible procedures. It is enshrined in key legal frameworks such as the recast Asylum Procedures Directive, the European Convention on Human Rights, and the Universal Declaration of Human Rights. With the increasing number of asylum applications and decisions, improving appeals processes becomes more critical, especially ahead of the Asylum Procedure Regulation entering into force in June 2026.
The inform highlights the variation in how appeals are lodged and processed. Timeframes to submit appeals range from one week to one month, depending on the country. Most appeals require written submissions, either on paper or electronically, and are typically resolved through a mix of written and oral proceedings. Some countries set no fixed time limit for resolving appeals, while others operate within deadlines of one to over five months. The analysis also covers appeals under accelerated and border procedures. Five EMN Member Countries have specific procedures for first-instance appeals procedures for decisions in the accelerated asylum procedure. In most cases, these appeals follow the same procedures as regular asylum cases, but they might have shorter deadlines or differ in the application of automatic of the automatic suspensive effect.
Legal assistance is another key area addressed in the inform. All responding EMN Member Countries provide state-funded legal aid for first instance appeals, usually subject to conditions. Legal assistance may include help with appeal preparation and lodging as well as consultations, and representation. Seventeen countries also have specific provisions for unaccompanied minors, while twelve countries offer additional procedural safeguards for other vulnerable groups. First instance appeals are generally heard by general administrative courts in 16 EMN Member Countries, while six countries use specialised judicial or quasi-judicial bodies. Most countries assign individual judges or members of competent bodies to hear appeals, although six rely on panels, typically composed of two or three judges.
Between 2018 and mid-2024, twelve EMN Member Countries implemented operational improvements in their first instance appeals procedures. These include online hearings and electronic document submission. Despite efforts, challenges such as backlogs, limited legal aid access, and capacity constraints remain. The inform also outlines good practices including the implementation of standard operating procedures (SOPs), the introduction of strict decision deadlines, and measures to strengthen the capacity of competent bodies.
The full inform, “Access to remedies for international protection applicants,” is available in the Publications section on the EMN website.