a. Legal and Policy Framework for Refugee Protection

  Main Debates Should the Council of Europe Play a Greater Role in Standard Setting in the Area of Asylum in a Wider Pan-European Context?   Main Points Binding v. Non-Binding Regional InstrumentsCommittee of Ministers Recommendations v. Parliamentary Assembly Resolutions Establishing Harmonization between EU and Non-EU States   Treaties Regional Core European Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols, 4 November 1950, E.T.S. 005. European Agreement on the Abolition of Visas for Refugees, 20 April 1959, E.T.S. 031.European Agreement on Transfer of Responsibility for Refugees, 16 October 1980, E.T.S, 107.European Convention on Extradition, 13 December 1957, E.T.S. 24.European Social Charter, 18 October 1961, E.T.S. 035.European Social Charter (Revised), 3 May 1996, E.T.S. 163.European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 26 November 1987, E.T.S. 126. .   Extended European Convention on Consular Functions, 11 December 1967, E.T.S. 61.Protocol to the European Convention on Consular Functions concerning the Protection of Refugees, 11 December 1967, E.T.S. 61A.European Convention on the Suppression of Terrorism, 27 January 1977, E.T.S. 090.Protocol Amending the European Convention on the Suppression of Terrorism, 15 May 2003, E.T.S. 190.Council of Europe Convention on the Prevention of Terrorism, 16 May 2005, E.T.S. 196.Framework Convention for the Protection of National Minorities, 1 February 1995, E.T.S. 157.European Convention on Nationality, 6 November 1997, E.T.S. 166.European Convention on Repatriation of Minors, 28 May 1970, E.T.S. 071.Council of Europe Convention on Action against Trafficking in Human Beings, 16 May 2005, E.T.S. 197.   Soft Law Council of Europe:  Committee of Ministers Committee of Ministers of the Council of Europe, ‘Declaration on Territorial Asylum’, 18 November 1977.Committee of Ministers of the Council of Europe, ‘Resolution 14 (1967) on Asylum to Persons in Danger of Persecution’ 29 June 1967.Committee of Ministers of the Council of Europe, ‘Recommendation 70 (2) (1970) on the Acquisition by Refugees of the Nationality of their Country of Residence’, 26 January 1970.Committee of Ministers of the Council of Europe, ‘Recommendation R (81) 16 on the Harmonisation of National Procedures Relating to Asylum’, 5 November 1981.Committee of Ministers of the Council of Europe, ‘Recommendation R (84) 1 on the Protection of Persons Satisfying the Criteria in the Geneva Convention who are not Formally Recognised as Refugees’, 25 January 1984.Committee of Ministers of the Council of Europe, ‘Recommendation R (84) 21 on the Acquisition by Refugees of the nationality of the Host Country’, 14 November 1984.Committee of Ministers of the Council of Europe, ‘Recommendation R (97) 22 Containing Guidelines on the Application of the Safe Third Country Concept’, 25 November 1997.Committee of Ministers of the Council of Europe, ‘Recommendation R (98) 13 on the Right of Rejected Asylum Seekers to an Effective Remedy against Decisions on Expulsion in the context of Article 13 of the European Convention on Human Rights’, 18 September 1998.Committee of Ministers of the Council of Europe, ‘Recommendation R (99) 23 on Family Reunion for Refugees and other Persons in need of International Protection’, 15 December 1999.Committee of Ministers of the Council of Europe, ‘Recommendation R (2000) 9 on Temporary Protection’, 3 May 2000.Committee of Ministers of the Council of Europe, ‘Recommendation R (2001) 18 to Member Sates on Subsidiary Protection’, 27 November 2001.Committee of Ministers of the Council of Europe, ‘Recommendation R (2003) 5 to Member Sates on Measures of Detention of Asylum Seekers’, 16 April 2003.Committee of Ministers of the Council of Europe, ‘Recommendation R (2004) 9E to Member States on the Concept of “Membership in a Particular Social Group” (MPSG) in the Context of 1951 Convention’, 30 June 2004.Committee of Ministers of the Council of Europe, ‘Recommendation R (2004) 14E to Member States on the Movement and Encampment of Travellers in Europe’, 1 December 2004.Committee of Ministers of the Council of Europe, ‘Recommendation R (2005) 6E to Member States on Exclusion from Refugee Status in the Context of Article 1F of the Convention Related to the Status of Refugees’, 23 March 2005.Soft Law Council of Europe:  Parliamentary Assembly Parliamentary Assembly of the Council of Europe ‘Resolution 1437 (2005) “Migration and Integration: a Challenge and an Opportunity for Europe”’, 27 April 2005.Parliamentary Assembly of the Council of Europe ‘Recommendation 1624 (2003) on Common Policy on Migration and Asylum’, 30 September 2003.Parliamentary Assembly of the Council of Europe ‘Recommendation 1440 (2000) on Restrictions on Asylum in the Member States of the Council of Europe and the EU’, 25 January 2000.Consultative Assembly of the Council of Europe, ‘Recommendation 564 (1969) on the Acquisition by Refugees of the Nationality of their Country of Residence’, 30 September 1969.Parliamentary Assembly of the Council of Europe, ‘Recommendation 773 (1976) on De Facto Refugees’, 26 January 1976.Parliamentary Assembly of the Council of Europe, ‘Recommendation 1088 (1988) on the Right to Territorial Asylum’, 7 October 1988.Parliamentary Assembly of the Council of Europe, ‘Recommendation 1236 (1994) on the Right of Territorial Asylum’, 12 April 1994.Parliamentary Assembly of the Council of Europe, ‘Recommendation 1163 (1991) on the Arrival of Asylum-seekers at European Airports’, 23 September 1991.Parliamentary Assembly of the Council of Europe, ‘Recommendation 1475 (2000) on Arrival of Asylum-seekers at European Airports’, 26 September 2000.Parliamentary Assembly of the Council of Europe, ‘Recommendation 1645 (2004) on Access to Assistance and Protection of Asylum-seekers at European Seaports and Coastal Areas’, 29 January 2004. Parliamentary Assembly of the Council of Europe, ‘Recommendation 1374 (1998) on Situation of Refugee Women in Europe’, 26 May 1998.Parliamentary Assembly of the Council of Europe, ‘Recommendation 1703 (2005) on Protection and Assistance for Separated Children Seeking Asylum’, 28 April 2005.Parliamentary Assembly of the Council of Europe, ‘Recommendation 1327 (1997) on the Protection and Reinforcement of the Human Rights of Refugees and Asylum-seekers in Europe’, 24 April 1997.Parliamentary Assembly of the Council of Europe, ‘Recommendation 1652 (2004) on Education of Refugees and Internally Displaced Persons’, 2 March 2004.Parliamentary Assembly of the Council of Europe, ‘Recommendation 1503 (2001) on Health Conditions of Migrants and Refugees in Europe’, 14 March 2001.Parliamentary Assembly of the Council of Europe, ‘Recommendation 1470 (2000) on Situation of Gays and Lesbians and their partners in respect of Asylum and Immigration’, 30 June 2000.Parliamentary Assembly of the Council of Europe, ‘Recommendation 1550 (2002) on Combating Terrorism and Respect for Human Rights’, 24 January 2002. Parliamentary Assembly of the Council of Europe, ‘Recommendation 1644 (2004) on Terrorism’, 29 January 2004. Soft Law Commissioner for Human Rights Commissioner for Human Rights ‘Recommendation CommDH (01) 1 Concerning the Rights of Aliens Wishing to Enter a Council of Europe Member State and the Enforcement of Expulsion Orders’, 19 September 2001.Commissioner for Human Rights ‘Recommendation CommDH (04) 1 on Combating Trafficking of Children in Europe’, 19 January 2004.Commissioner for Human Rights ‘Preliminary Report CommDH (05) 4 on the Human Rights Situation of the Roma, Sinti and Travellers in Europe’, 4 May 2005.ReadingsG. Tessenyi, ‘Recommendations of the Committee of Ministers of the Council of Europe Concerning Asylum, Refugees and Other Persons’, in Legal Status of Refugees and Asylum-Seekers and the European Convention on Human Rights (Chisinau, 2001), pp. 210–220.