CEU Electronic Theses and Dissertations, 2009
| Author | Matevzic, Grusa |
|---|---|
| Title | EXCLUSION AND PRINCIPLE OF NON-REFOULEMENT: EU MEMBER STATES BETWEEN EU ASYLUM LEGISLATION AND INTERNATIONAL REFUGEE AND HUMAN RIGHTS LAW |
| Summary | Current global threats to the national security, such as terrorism, have a strong impact on the asylum policy of EU Member States and it seems that Refugee Convention expulsion clauses are no longer a sufficient safeguard against terrorism. Analysis of the compatibility of exclusion clauses under the Qualification Directive, as implemented by the Member States, with international refugees and human rights law show several incoherencies that can even lead to the exclusion of a person who is a refugee under Refugee Convention. This newly established “category” of refugees suffers from deprivation of their secondary rights, if they remain in Member States. The directive however cannot be declared invalid, since it only sets minimum standards of protection and Member States are free to set higher standards in conformity with their obligations under international law. Unfortunately several member States do not do that. Those questionable national measures implementing the Qualification Directive should not remain unchallenged. Several provisions of Qualification Directive need further interpretation and referring preliminary references to the European Court of Justice is necessary. If the Court will rule in accordance with international refugee and human rights law remains to be seen. If not, bringing the case to ECtHR should not be neglected. Due to the elevated concerns about national security, the principle of non-refoulement was also put into question. Some States are arguing that removal to ill treatment can sometimes be allowed in order to protect national security. Fortunately, according to the jurisprudence of European Court of Human Rights the prohibition of torture, at least in Europe, still remains absolute. |
| Supervisor | Marie-Pierre Granger |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2009/matevzic_grusa.pdf |
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