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Main Debates
Does Temporary Protection Threaten the 1951 Geneva Convention?
Are the Needs of Subsidiary Protection Beneficiaries Less Pressing Or Durable
Than Those Of Refugees?
Is There a Justification for Giving Different Levels of Entitlements to Refugees
and Subsidiary Protection Beneficiaries?
Main Points
Relationship Between Directive and Refugee Determination Process
Diminished Rights Under the EC Temporary Protection Regime Compared with
1951 Geneva Convention Rights
EU Instruments
Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted, OJ L 304, 30 September 2004.
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, OJ L212, 7 July 2001.
Readings
Core
H. Battjes, ‘Briefing Note on European Protection in Cases of Group Persecution’, IPOL/C/LIBE/FWC/2005-23-SC1, August 2006.
H. Battjes, ‘Subsidiary Protection and Reduced rights’, in Karin Zwaan (ed.) The Qualification Directive: Central Themes, Problem Issues, and Implementation in Selected Member States (Wolf Legal Publishers, 2007), pp. 49–55.
M. Gil-Bazo, ‘Refugee status, subsidiary protection, and the right to be granted asylum under EC law’, UNHCR Research paper No.136, November 2006.
K. Kerber, ‘The Temporary Protection Directive’, European Journal of Migration and Law, vol. 4, no. 2 (2002), pp. 193–214.
B. Nagy, ‘Is There a Need for Subsidiary Protection in Europe? A View from a Candidate Country’, in D. Bouteillet-Paquet (ed.), Subsidiary Protection of Refugees in the European Union: Complementing the Geneva Convention? (Brussels Bruylant, 2002), pp. 95–116.
J. Vedsted-Hansen, ‘Assessment of the Proposal for an EC Directive on the Notion of Refugee and Subsidiary Protection from the Perspective of International Law’, in D. Bouteilet-Paquet (ed.), Subsidiary Protection of Refugees in the European Union: Complemtenting the 1951 Geneva Convention? (Brussels: Bruylant, 2002), pp. 57–78.
UNHCR Documents
UNHCR, ‘Comments on the proposal for Directive of the Council’: Doc 11620/00, September 2000.
EU Instruments
Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted
Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted, OJ L 304, 30 September 2004.
Council Directive on Minimum Standards for Giving Temporary Protection
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof OJ L212 12 (7 July 2001).
UNHCR Documents
UNHCR Comments on the propsal for Directive of the Council doc. 11620/00
UNHCR, 'UNHCR Comments on the propsal for Directive of the Council': Doc. 11620/00', 26 Sept. 2000.
Readings
Core
Briefing Note on European Protection in Cases of Group Persecution
H. Battjes, ‘Briefing Note on European Protection in Cases of Group Persecution’, IPOL/C/LIBE/FWC/2005-23-SC1, August 2006.
Subsidiary Protection and Reduced rights
H. Battjes, ‘Subsidiary Protection and Reduced rights’, in Karin Zwaan (ed.) The Qualification Directive: Central Themes, Problem Issues, and Implementation in Selected Member States (Wolf Legal Publishers, 2007), pp. 49–55.
Refugee status, subsidiary protection, and the right to be granted asylum under EC law
M. Gil-Bazo, ‘Refugee status, subsidiary protection, and the right to be granted asylum under EC law’, UNHCR Research paper No.136, November 2006.
The Temporary Protection Directive
K. Kerber, 'The Temporary Protection Directive' 2002 4 European Journal of Migration and Law 193-214.
Reproduced from European Journal of Migration and Law. (c) 2002 Kluwer Law International. With the kind permission of Brill Academic Publishers
Is There a Need for Subsidiary Protection in Europe? A View from a Candidate Country
B. Nagy, ‘Is There a Need for Subsidiary Protection in Europe? A View from a Candidate Country’, in D. Bouteillet-Paquet (ed.), Subsidiary Protection of Refugees in the European Union: Complementing the Geneva Convention? (Brussels Bruylant, 2002), pp. 95–116.
Assessment of the Proposal for an EC Directive on the Notion of Refugee and Subsidiary Protection from the Perspective of International Law
J. Vedsted-Hansen, ‘Assessment of the Proposal for an EC Directive on the Notion of Refugee and Subsidiary Protection from the Perspective of International Law’, in D. Bouteilet-Paquet (ed.), Subsidiary Protection of Refugees in the European Union: Complemtenting the 1951 Geneva Convention? (Brussels: Bruylant, 2002), pp. 57–78.
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