This article examines the relationship between the fight against terrorism and the recognition of international refugee status in light of the relevant international and European Union legislation and European Court of Justice case law. In particular, the first part analyses the 1951 Refugee Convention and related EU legislation containing similar clauses excluding those who have committed certain crimes from obtaining refugee status. The analysis also considers whether acts of terrorism fall within the scope of these exclusion clauses. The second part examines some decisions of the CJEU that define the criteria for classifying acts of terrorism in the context of the exclusion clauses in question. Finally, the third part highlights the important role of the Luxembourg Court in clarifying international law on refugee matters through the interpretation of EU law
Refugee status, terrorism, and public security: the relationship between international law and European Union law in light of recent EU Court of Justice case law
Michele Nino
2024
Abstract
This article examines the relationship between the fight against terrorism and the recognition of international refugee status in light of the relevant international and European Union legislation and European Court of Justice case law. In particular, the first part analyses the 1951 Refugee Convention and related EU legislation containing similar clauses excluding those who have committed certain crimes from obtaining refugee status. The analysis also considers whether acts of terrorism fall within the scope of these exclusion clauses. The second part examines some decisions of the CJEU that define the criteria for classifying acts of terrorism in the context of the exclusion clauses in question. Finally, the third part highlights the important role of the Luxembourg Court in clarifying international law on refugee matters through the interpretation of EU lawI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.