Abstract (may include machine translation)
The chapter analyses the two key concepts of the Common European Asylum System: that of the refugee and of the beneficiary of subsidiary protection. Each element of the definitions is scrutinized in detail and in the light of the pertinent jurisprudence of the CJEU. The notions of well founded fear, acts and actors of persecution, grounds of persecution, internal protection alternative, cessation of and exclusion from refugee status are discussed. In the context of subsidiary protection the puzzle of individual threat in circumstances of indiscriminate violence is resolved, the meaning of armed conflict in the context of CEAS identified and the content of 'real risk of serious harm' defined. The chapter's material scope is limited to the definitions and excludes the rights attached to international protection.
Original language | English |
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Title of host publication | Research Handbook on EU Migration and Asylum Law |
Publisher | Edward Elgar Publishing Ltd. |
Pages | 168-193 |
Number of pages | 26 |
ISBN (Electronic) | 9781786439635 |
ISBN (Print) | 9781786439628 |
DOIs | |
State | Published - 13 Dec 2022 |
Keywords
- Refugee (definition of)
- Subsidiary protection (beneficiary of)
- Persecution
- Harm
- Well- founded fear
- Exclusion (from protection)