Directive No. 2011/95/EU (the so-called New Qualification Directive) makes some substantial changes to the existing Directive No. 2004/83/EC, such as a greater attention to the interests of the child and the related extension of the concept of the family; a suitable restriction of the actors of protection; further details about “internal flight alternative”; and the connection between causes and acts of persecution; an exception to the causes of cessation; and an approximation of part of the content of the two status of refugee and beneficiary of subsidiary protection, aiming at better “vertical” uniformity. On the other hand, one cannot fail to note some negative elements, above all the fact that the New Qualification Directive’s rules do not seem to be in line with the idea of “horizontal” uniformity between Member States. The latter still retain the possibility to introduce more favourable standards, thus differentiating their domestic legislation from other countries. Indeed, the contrasts are going to increase, since the Directive does not include Denmark, as it did before, nor the United Kingdom or Ireland.
La direttiva 2011/95/UE sull'attribuzione e il contenuto della protezione internazionale
MORGESE, GIUSEPPE
2012-01-01
Abstract
Directive No. 2011/95/EU (the so-called New Qualification Directive) makes some substantial changes to the existing Directive No. 2004/83/EC, such as a greater attention to the interests of the child and the related extension of the concept of the family; a suitable restriction of the actors of protection; further details about “internal flight alternative”; and the connection between causes and acts of persecution; an exception to the causes of cessation; and an approximation of part of the content of the two status of refugee and beneficiary of subsidiary protection, aiming at better “vertical” uniformity. On the other hand, one cannot fail to note some negative elements, above all the fact that the New Qualification Directive’s rules do not seem to be in line with the idea of “horizontal” uniformity between Member States. The latter still retain the possibility to introduce more favourable standards, thus differentiating their domestic legislation from other countries. Indeed, the contrasts are going to increase, since the Directive does not include Denmark, as it did before, nor the United Kingdom or Ireland.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
