Refugee Protection, Counter-Terrorism, and Exclusion in the European Union

摘要

In this article, we will examine how the development of the European Union Common European Asylum System has been affected by and has interacted with counter- and anti-terrorism measures. We will commence with a brief overview of the European Union’s engagement with asylum issues, why and when the European Union gained competence in place of the Member States for determining the content of international protection in the region. We will then look at the impact of political violence on refugee protection from two different angles – the first is its impact on international protection among the Member States of the European Union. Here we will examine the limitations placed on refugee protection for nationals of any of the Member States within the territory of another Member State. Then we will move to the impact of international protection as defined by European Union measures, most importantly the Qualification Directive (2004/83/EC), on the efforts of Member States to expel third country nationals considered to be a threat to security on the basis of their political activities and engagement or presumed engagement in political violence. We will conclude with some general comments about the relationship of international protection in the European Union and counter-terrorism measures as they relate to specific individuals.