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Commissaire Général Aux Réfugiés et Aux Apatrides v. Mostafa Lounani (C.J.E.U.)

  • Sarah Progin-Theuerkauf (a1)

Extract

On January 31, 2017, the Grand Chamber of the Court of Justice of the European Union rendered its judgment in the case Commissaire général aux réfugiés et aux apatrides v. Mostafa Lounani. In the judgment, the Court had to interpret the exclusion grounds of the EU Qualification Directive of 2004 that in its Article 12(2) has literally duplicated Article 1F of the 1951 Geneva Convention Relating to the Status of Refugees. It had to answer the question of whether an applicant for international protection can be excluded from being a refugee even though it is not established that he himself committed, attempted to commit, or threatened to commit a terrorist act as defined by the resolutions of the United Nations Security Council, but has “just” been convicted of participation in the activities of a terrorist group.

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References

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ENDNOTES

1 Case C-573/14, Commissaire général aux réfugiés et aux apatrides v. Lounani (Jan. 31, 2017), http://curia.europa.eu/juris/liste.jsf?num=C-573/14# [hereinafter Lounani].

2 Council Directive 2004/83/EC of 29 April 2004 on Minimum Standards for the Qualification and Status of Third Country Nationals or Stateless Persons as Refugees or as Persons Who Otherwise Need International Protection and the Content of the Protection Granted, OJ L 304, 30.9.2004, 12–23 [hereinafter Council Directive]. In 2011, Directive 2011/95/EU recast Directive 2004/83/CE, cf. OJ L 337, 20.12.2011, 9–26.

3 Council Framework Decision of 13 June 2002 on Combating Terrorism, OJ L 164, 22.6.2002, 3–7.

4 Lounani, supra note 1, at ¶ 39.

5 Id. at ¶ 40.

6 Id. at ¶ 41.

7 Id. at ¶ 50.

8 Id. at ¶¶ 55–61.

9 Id. at ¶¶ 70–71.

10 Id. at ¶¶ 77–78.

11 Joined Cases C-57/09 and C-101/09, Bundesrepublik Deutschland v. B and D (Nov. 9, 2010), http://curia.europa.eu/juris/liste.jsf?num=C-57/09&language=en.

12 Lounani, supra note 1, at ¶¶ 94–97.

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International Legal Materials
  • ISSN: 0020-7829
  • EISSN: 1930-6571
  • URL: /core/journals/international-legal-materials
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