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Judicial analysis on qualification for international protection (Directive 2011/95/EU)
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Judicial analysis on qualification for international protection (Directive 2011/95/EU)

Second edition

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This judicial analysis is primarily intended for use by members of courts and tribunals of EU Member States whose work concerns hearing appeals or conducting reviews of decisions on applications for international protection. It is on qualification for international protection under the qualification directive (QD) (recast). As now updated, it incorporates the treatment of Article 15(c) QD (recast), which was originally the subject of a separate judicial analysis. It is intended to be of use both to those with little or no prior experience of adjudication in the field of international protection within the framework of the CEAS and to those who are experienced or specialist judges in the field. Therefore, it aims to be a useful point of reference for all members of courts and tribunals concerned with qualification for international protection. The structure, format and content have been developed with this broad audience in mind. This judicial analysis provides a detailed analysis of qualification for refugee and subsidiary protection in Parts 1 and 2, highlights particular situations in the new Part 3 and provides an analysis relating to both refugee status and subsidiary protection status in Part 4. The analysis is supported by appendices. These provide, among other things, decision trees setting out the questions that courts and tribunals of Member States need to ask when examining applications for international protection. The first edition of this judicial analysis was the product of a project carried out by EASO and IARMJ-Europe. This (second) edition has been updated pursuant to a framework contract between EASO (now the EUAA) and the IARMJ. An up-to-date list of all the publications is provided at the end of this preface in Table 1. The aim is to set out the current state of the law clearly and in a user-friendly format. This new edition analyses the law as it stood in March 2022. However, the reader will be aware that this is a rapidly evolving area of law and practice. There are two aspects of this rapidly evolving area worth noting. An obvious one is that there will continue to be new case-law from the Court of Justice of the European Union (CJEU), the European Court of Human Rights (ECtHR), and national courts and tribunals. There is also the fact that, on 13 July 2016, the Commission proposed the adoption of a new qualification regulation. Its progress has been delayed by several factors, including the European Parliament election in May 2019 and the COVID-19 pandemic. This judicial analysis makes note of the latest proposed changes in the body of the text as and when appropriate. This judicial analysis, together with others in the EUAA judicial publications, will be further updated periodically as necessary. However, it will be for readers to check whether there have been any changes in the law. The analysis contains a number of references to sources to help readers to check for changes.
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ISBN 978-92-9485-199-4
DOI 10.2847/270275
Catalogue number BZ-03-20-063-EN-N
ISBN 978-92-9485-200-7
DOI 10.2847/649025
Catalogue number BZ-03-20-063-EN-C
PDF
ISSN ISBN 978-92-9485-199-4 DOI 10.2847/270275 Catalogue number BZ-03-20-063-EN-N
Paper
ISSN ISBN 978-92-9485-200-7 DOI 10.2847/649025 Catalogue number BZ-03-20-063-EN-C
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