Content

Cases are selected by experts in the field from each jurisdiction. Due to the breadth of the CEAS, experts have been carefully briefed on the criteria which should be applied in selecting cases for inclusion in EDAL so as to ensure a degree of consistency concerning the legal provisions and issues examined in selected cases and in the format of the case summaries. This enables certain concepts and issues to be effectively examined in detail and facilitates a comparative analysis of the interpretation and application of laws across Member States. Cases available on the database are those where a significant point of law is discussed and the reasoning of the decision-maker is evident and instructive. This can include, for example, precedent setting cases or those that contributed to policy changes at the national level. In addition, cases are selected if they are considered significant and therefore should be shared with decision-makers and practitioners in other Member States, regardless of the outcome.

Care is taken to ensure that the range of cases available is objective and weighted neither towards a pro- nor anti-applicant bias so as to ensure that EDAL presents a balanced view of the state of jurisprudence at the national level. EDAL is useful to identify cases that highlight protection gaps in Member States or demonstrate instances where Member States have maintained higher standards than are required by EU asylum acquis but that correspond with international law. The summaries are drafted in country by the national expert along with any comments or observations of relevance.

In addition to providing case summaries, EDAL also provides a link to the full text of the decision, where available, and has a resource section providing easy access to a range of documentation relevant to asylum law. EDAL is conscious that EU law is not the only source of asylum and refugee law in Member States; most obviously every Member State is a signatory to the 1951 Geneva Convention on the Status of Refugees. The resource section therefore includes various legislative texts, including the 1951 Convention and documentation by the UNHCR as well as documents and thematic articles produced by NGOs with expertise in the area of asylum and refugee law.

Country Overviews have also been drafted by national experts from each Member State. These provide details on each country’s legal framework, outlining how the justice and asylum system operates and explaining the standing and relationship between different courts and tribunals.