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  1. 1 Prawo i Polityka

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Wybrane instrumenty prawne regulujące instytucję azylu w prawodawstwie Unii Europejskiej

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Broma K., Szewczyk P.
Prawo i Polityka
|
2016
|
issue 7
134-147
EN
Granting asylum is the competence of every sovereign state. However, members of the European Union have the right to transfer a part of their own powers to the EU, which is reflected in primary legal acts. Nevertheless, granting asylum is not an exclusive right of the EU, but rather a competence shared with all Member States. The EU’s area of freedom, security and justice has been regulated within the framework of the European Union non-exclusive competences, including a common policy in the field of asylum. As part of their remit, the EU authorities issue acts of secondary legislation regarding the institution of asylum, while the Court of Justice of the European Union outlines national practice in case of interpretative difficulties concerning primary and secondary legislation. Finally, the ever-changing social and migration situation, as well as newly emerging secondary legal acts, have caused a rupture in the common asylum policy of EU Member States.
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