Brief description:

Overview
Access to international protection by third-country nationals and stateless persons in European Union (EU) Member States is subject to certain limitations under EU law. The relevant EU legal framework allows Member States to limit access to international protection on specific security grounds, including safeguarding national security. However, some Member States also refer to concepts that are not included in the relevant EU legal framework, namely (essential) state functions and national identity, when invoking security grounds to exclude or withdraw an applicant or beneficiary from international protection status. The legitimacy of protecting these elements in connection with security grounds within the relevant EU legal framework, however, emerges as a relevant question. My thesis examines this issue within the context of German and Irish law. It analyses German and Irish law practices on the limitation of access to international protection on security grounds in relation to essential state functions and national identity elements under Article 4(2) of the Treaty on the European Union TEU. In this respect, it is located at the intersection of security concepts, TEU Article 4(2) and (limitation to access of) international protection.

Methodology:

Keywords: International Protection, national identity, Security

Home University:

The University of Edinburgh

Faculty:

Law

Supervisor: Leandro Mancano

Added to catalogue on: 17-05-2024

Additional information: