Proceedings of the International scientific and practical conference ―Science in the Era of Globalization‖ (May 22-24, 2026) / Publisher website: www.naukainfo.com. - Zurich, Switzerland, 2026. - 353 p.
74 prior persecution [10]. Taken together, these norms form a comprehensive system of international legal guarantees that ensure the protection of individuals already at the stage of examining their asylum application. Thus, even in the absence of formal recognition of refugee status, a state is obliged to refrain from actions that could lead to serious violations of fundamental human rights, primarily the right to life and the prohibition of torture. In European Union law (hereinafter the EU), the right to asylum has a multi- level normative structure, which includes primary and secondary legislation, as well as the integration of standards of the European Convention on Human Rights (hereinafter the ECHR) and the case law of the European Court of Human Rights (hereinafter the ECtHR, the Court). Primary EU law includes the founding treaties, in particular the Treaty on the Functioning of the European Union (hereinafter the TFEU), which in Articles 78–80 establishes the obligation to develop a common European asylum policy, ensure compliance with the 1951 Geneva Convention and the 1967 Protocol, and uphold the principle of solidarity between Member States [11]. Accordingly, the TFEU functions as the constitutional legal framework of the Common European Asylum System (CEAS), defining not only the division of competences between the EU and its Member States, but also the fundamental substantive legal bases for shaping a common asylum policy, including the obligation to comply with international legal standards for the protection of persons in need of international protection. The Charter of Fundamental Rights of the European Union (2000) is also of significant importance, in particular Articles 18 and 19, which guarantee the right to asylum and enshrine the principle of non-refoulement in cases where there is a real risk of torture or other inhuman or degrading treatment or punishment [12]. In this way, EU primary law establishes the constitutional foundations of the international protection system, within which secondary legislative regulation is further developed and specified. Secondary law of the EU performs the function of normative elaboration of treaty provisions by establishing detailed procedural and substantive legal
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