Conditions and Criteria for Determining Asylum

Abstract

The contribution discusses the quality of asylum standards under the Reception Conditions Directive and the Qualification Directive. Attention is drawn specifically to the lack of harmonisation under these Directives, the exceptions and optional mechanisms under the CEAS minimum standards. It is pointed out how the national practice must be in conformity with not only the EU norms and the judgments of the Court of Justice but where the EU norms create flexibility, the national practice must also be in compliance with international refugee protection, in particular the ECHR and the approach adopted by the European Court of Human Rights. The contribution further analyses the possibilities for adopting more harmonised approach to treatment of asylum seekers as well as qualifying them as refugees at the second stage of the CEAS. These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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