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The revised Reception Conditions Directive and adequate and dignified material reception conditions for those seeking international protection

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journal contribution
posted on 2023-06-09, 03:02 authored by Samantha VellutiSamantha Velluti
The Recast Reception Conditions Directive (RCDr; Directive 2013/33/EU) constitutes an improvement with regard to the reception conditions that Member States are required to provide for those seeking international protection. However, it still envisages the possibility for Member States to reduce or withdraw material reception conditions and to grant less favourable treatment to international protection applicants compared to nationals where it is ?duly justified.? This may potentially lead Member States to grant unacceptably low levels of material reception conditions and could be below what is an adequate standard of living as required under the Directive itself. Using the lens of the right to human dignity, the article examines selected cases of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) in order to see how the European Convention of Human Rights (ECHR) and the European Union Charter of Fundamental Rights (EUCFR) may assist in ensuring that the implementation of the RCDr by the Member States provides for adequate and dignified standard of living conditions for those seeking international protection.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

International Journal of Migration and Border Studies

ISSN

1755-2419

Publisher

Inderscience

Issue

3

Volume

2

Page range

203-221

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Sussex European Institute Publications

Notes

Special Issue on 'Judging in the 21st Century: migration and nationality concerns'

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2016-09-22

First Open Access (FOA) Date

2021-02-11

First Compliant Deposit (FCD) Date

2016-09-23

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