Tagged: EU asylum law

Neues aus dem Elfenbeinturm: March 2017

Doctoral Workshop “The EU as a Global Actor in …”

University of Geneva, 6-7 July 2017. Deadline for abstract submissions: 27 March 2017.

Conference “Article 7 TEU, the EU Rule of Law Framework and EU Values: Powers, Procedures, Implications”

University of Warsaw, 13-15 September 2017. Deadline for abstract submissions: 30 April 2017.

Conference “Economic Evidence in Competition Law and the Future of the ‘More Economic Approach’”

University College London, 12 May 2017. Deadline for registration: 10 May 2017.

Call for Papers “Comparative Constitutional Law and Administrative  Law Quarterly”

Deadline for submissions: 10 May 2017.

Summer School on EU Immigration and Asylum Law and Policy

Brussels, 3-14 July 2017. Deadline for applications: 10 June 2017.

Summer School “People on the Move in an Evolving Europe – EU Law and Policy on Mobility, Migration and Asylum”

University of Fribourg, 21-25 August 2017. Deadline for applications: 15 April.

The Court of Justice on religious persecution: no need to hide!

About a month ago, the Court of Justice made a long-awaited judgment in cases Y and Z. The judgment is particularly important for EU asylum law. The applicants in the main proceedings were Pakistani nationals who applied for asylum in Germany on religious grounds. They stated that because they exercised their faith as members of the Ahmadiyyah (a minority community), they would face prosecution and possible detention and therefore should be recognized as refugees. The German Federal Administrative Court (Bundesverwaltungsgericht) decided to refer questions to the Court of Justice, which it asked to set out the circumstances in which an infringement of the freedom of religion may constitute an ‘act of persecution’ sufficient to grant refugee status within the meaning of Directive 2004/83/EC. This Directive seeks to establish minimum standards and common criteria for all Member States regarding the recognition of asylum seekers as refugees within the meaning of Article 1 of the Refugee Convention.

First of all, it should be noted that in international asylum law it is commonly assumed that not all human rights violations amount to acts of persecution in the sense of the Refugee Convention, but only those that are perceived as risks to the life and being of a person (for example when a person risks death or torture because of his or her political opinion). This is the main reason why this is a huge judgment in the field of asylum law: it goes into the concept of persecution, and the role that human rights play in defining the refugee.

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