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On the basis of international law and subject to their treaty obligations, states have the right to control the entry of foreign nationals into their territories. However, when dealing with individuals seeking international protection, a state’s margin of appreciation is narrower. In this case, indeed, the freedom of each sovereign should be exercised in accordance with human rights standards and should guarantee the highest level of protection. After discussing the development of human rights and asylum policies in the European Union, this paper examines Directive 2003/9/EC of 27 January 2003, laying down the minimum standards for the reception of asylum seekers in the light of human rights obligations and tries to determine whether this legal instrument contributed to the establishment of the Common European Asylum System. In addition, assessment of Commission’s proposals will be provided in order to establish whether future amendments will be essential in providing asylum seekers with the highest level of protection and in setting common standards in the EU reception area.
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