Journal article
Publication details
International Protection in Court: The Asylum Jurisprudence of the Court of Justice of the EU and UNHCR
in journal: Refugee Survey Quarterly
Volume number: 34
Issue number: 1
Release year: 2015
Page range: 1
Author(s) details
Publication description
Content available online here:
http://rsq.oxfordjournals.org/content/34/1/107.abstract
http://rsq.oxfordjournals.org/content/34/1/107.abstract
Keywords:
UNHCR, cjeu, ceas, Jurisprudence, interpretation, eu law
UNHCR, cjeu, ceas, Jurisprudence, interpretation, eu law
Abstract:
The Court of Justice of the European Union has the potential to influence the development of international refugee law in significant ways. Since securing jurisdiction over asylum questions in 2005, the Court has issued binding rulings on the interpretation of European Union asylum rules that are derived from the 1951 Convention Relating to the Status of Refugees. While the Court does not have jurisdiction to rule on the application of the Convention as such, it is effectively determining the way in which Member States apply the Convention, which can have a significant impact at a global level. This article considers the connection between the European Union legal framework on asylum, as examined and interpreted in the Court of Justice’s jurisprudence, and international refugee legal standards. It examines selected rulings of the Court on the rights of asylum-seekers and people in need of international protection where the United Nations High Commissioner for Refugees has issued a public statement or third party intervention, and considers ways to ensure that the development of European Union asylum law, as influenced by the Court’s pronouncements, continues to take account of relevant international developments.
The Court of Justice of the European Union has the potential to influence the development of international refugee law in significant ways. Since securing jurisdiction over asylum questions in 2005, the Court has issued binding rulings on the interpretation of European Union asylum rules that are derived from the 1951 Convention Relating to the Status of Refugees. While the Court does not have jurisdiction to rule on the application of the Convention as such, it is effectively determining the way in which Member States apply the Convention, which can have a significant impact at a global level. This article considers the connection between the European Union legal framework on asylum, as examined and interpreted in the Court of Justice’s jurisprudence, and international refugee legal standards. It examines selected rulings of the Court on the rights of asylum-seekers and people in need of international protection where the United Nations High Commissioner for Refugees has issued a public statement or third party intervention, and considers ways to ensure that the development of European Union asylum law, as influenced by the Court’s pronouncements, continues to take account of relevant international developments.