IV. Policy Recommendations Judicial Review There should be a clear procedure outlined in the Directives on how to file a judicial review. The Directive merely requires that States must inform the applicants about relevant procedures. The mere act of “informing” has been insufficient to truly inform individuals of the process due to the complexity of some States’ procedures. The EU Charter of Fundamental Rights guarantees a right to effective remedy and a fair trial by a tribunal, especially when a victim alleges EU violation. In that case, the Charter provides for automatic access to effective remedy including judicial protection.116 The Directives should still allow domestic legislations to draft their own procedures of judicial review, but the EU should amend the Directives in order to include guidelines to establish judicial review or guidelines for States to unambiguously show the procedures of judicial review and clearly inform the applicants. The EU should emphasize ex officio review and enforce reasonable intervals of time. Ex officio provides for automatic review by the States’ authorities of the legality of detention, which becomes especially important when the detainees are not aware of the procedures or simply because they have not applied for review. Ex officio places the burden on the state to review the legality of detentions and therefore makes the State accountable for any illegal detentions. This may be done by establishing clearer rules for “sufficient” conditions of detention or through implementing laws establishing that States create agencies designed solely to review detentions. By creating a clear body of laws or clear administrative agencies, this would create uniformity. States would maintain sovereignty by drafting their own laws. The EU must enforce the application of the CJEU’s ruling in Said 116 Charter of Fundamental Rights of the European Union art. 47, 2010 O.J. C 83/02. 36