ECRE published on 7 October an Information Note on the Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast). This note provides information on how to transpose and implement the recast Qualification Directive in a manner which ensures full consistency with international human rights and refugee law.
The recast Directive constitutes an important step forward in harmonizing eligibility criteria and the content of protection at EU level. However, depending on its interpretation and application, the recast Directive may still allow for gaps in the protection of applicants and beneficiaries of international protection. The note focuses not only on areas of amendment but also areas which ECRE remains concerned about in applying this Directive which were not addressed in the recast process. ECRE has also called for Member States to engage in dialogue with NGO's and civil society in a transparent and inclusive manner when transposing and implementing this recast Directive.
Member States bound by the Directive are required to bring into force domestic legislation necessary to comply with it by 21 December 2013.
The 1951 Refugee Convention envisages protection for any person unable to return to his/her country due to "a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion."
Even where this standard is not met, European states may not return individuals in breach of international obligations such as the absolute prohibitions on torture, execution or inhuman or degrading treatment contained in the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union.
However, a person's chances of being granted asylum still vary hugely according to the country where the asylum seeker has his or her asylum claim processed. For example, in 2009, Iraqis who fled their home country and ended up in Germany had a 85% of being recognised as a refugee at first instance and those who applied for asylum in Slovenia did not get a protection status at all.
To harmonize the way Member States provide refugee protection, and to require Member States to provide "subsidiary protection" to people at risk of serious harm, the EU introduced the Qualification Directive, which sets minimum rights that persons qualifying for international protection should receive.
In April 2004 the EU introduced the first Qualification Directive, one of five legal instruments that make up the EU acquis (body of law) on asylum. The Directive, which applies to all Member States except Denmark, came into force in October 2006.
The Qualification Directive has raised standards by for an example introducing a European subsidiary protection and by requiring the recognition of non-state actors of persecution, but in many other respects it has encouraged Members States to lower their standards.
Related Reports & Position Papers
► The Impact of the EU Qualification Directive on International Protection
► Survey on Subsidiary/Complementary Forms of Protection in EU Member States
► ECRE's Position on Exclusion Clauses from Refugee Status
► ECRE's Position on the Interpretation of Article 1 of the Refugee Convention
► ECRE's Position on Complementary Protection
Related ELENA Papers
► ELENA Background Paper on the Exclusion and Cessation clauses of the Geneva Convention
► ELENA Research Paper on Non-State Agents of Persecution
► ELENA Research Paper on the Application of the Concept of Internal Protection Alternative
► ELENA Research Paper on Sexual Orientation as a Ground for Recognition of Refugee Status