16 M.S.S. v. BELGIUM AND GREECE JUDGMENT – The member States are required to ensure that decisions concerning applications for asylum are given in writing and that, where an application is rejected, the reasons are stated in the decision and information on how to challenge a negative decision is given in writing. – Asylum-seekers shall be informed of the procedure to be followed, of their rights and obligations, and of the result of the decision taken by the determining authority. – Asylum-seekers shall receive the services of an interpreter for submitting their case to the competent authorities whenever necessary. – Asylum-seekers shall not be denied the opportunity to communicate with the UNHCR. More generally, the member States shall allow the UNHCR to have access to asylum applicants, including those in detention, as well as to information on asylum applications and procedures, and to present its views to any competent authorities. – Applicants for asylum shall have the opportunity, at their own cost, to consult in an effective manner a legal adviser. In the event of a negative decision by a determining authority, member States shall ensure that free legal assistance is granted on request. This right may be subject to restrictions (choice of counsel restricted to legal advisers specifically designated by national law, appeals limited to those likely to succeed, or free legal aid limited to applicants who lack sufficient resources). The European Commission initiated proceedings against Greece in February 2006 for failure to honour its obligations, because of the procedural deficiencies in the Greek asylum system, and brought the case before the CJEC (now the CJEU). Following the transposition of the Procedures Directive into Greek law in July 2008, the case was struck out of the list. On 24 June 2010 the European Commission brought proceedings against Belgium before the CJEU on the ground that the Belgian authorities had not fully transposed the Procedures Directive – in particular, the minimum obligations concerning the holding of personal interviews. In its proposal for recasting the Procedures Directive, presented on 21 October 2009 (COM(2009) 554 final), the European Commission considered strengthening the obligation to provide information to the applicant. It also provided for a full and ex nunc review of first-instance decisions by a court or tribunal and specified that the notion of effective remedy required a review both of facts and of points of law. It further introduced provisions to give appeals automatic suspensive effect. The proposed amendments were intended to improve consistency with the evolving case-law regarding such principles as the right to defence, equality of arms, and the right to effective judicial protection. 86. Council Directive 2004/83/EC of 29 April 2004 concerns minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international

Select target paragraph3