Please use this identifier to cite or link to this item: http://hdl.handle.net/10419/109971
Authors: 
Balogh, Cintia
Year of Publication: 
2015
Series/Report no.: 
Working Paper, Institute for International Political Economy Berlin 49/2015
Abstract: 
International refugee law is binding upon all European Union member states, however European regional instruments, relocation theories and practices may diverge from the 1951 Geneva Convention and 1967 Protocol. This may lead to the violation of the ius cogens norm of the principle of non-refoulement. At the time of massive inflows of refugees from the Middle East - especially Syria - and Africa to the Schengen area, European hosting states are put under major pressure. Being signatories of the main refugee treaties, European states should avoid automatic repatriation of asylum seekers. In order to avoid such violations, it is necessary to incorporate the main Geneva articles into European national legal systems. Accordingly, the current paper is examining the legal background of non-refoulement and refugee protection and the discrepancies between the European Union and United Nations frameworks. The paper answers whether the European system is fully incorporating the ius cogens norm of nonrefoulement into its protocol and practice.
Subjects: 
asylum
international refugee law
principle of non-refoulement
United Nations High Commissioner for Refugees
intervention
amicus curiae briefs
safe country lists
safe third countries
chain relocation
JEL: 
F53
K4
K12
K33
K37
Document Type: 
Working Paper

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