Article 15(c) Qualification Directive (2011/95/EU) : a judicial analysis

The purpose of this judicial analysis is to put at the disposal of courts and tribunals dealing with international protection cases, a helpful tool for the understanding of protection issues, in this chapter, Article 15(c) of the Qualification Directive (QD). This provision, which by its nature can potentially affect the outcome of many cases dealing with international protection, has not proved easy for judges to apply. Studies show that in different Member States there have been divergent interpretations. The commentary is intended to assist the reader towards an understanding of the QD through the case law of the Court of Justice of the European Union (CJEU) as well as that of the European Court of Human Rights (ECtHR) and relevant decisions of the courts and tribunals of the Member States. Citation of national case law is not exhaustive but intended to be illustrative of the way in which the QD has been transposed and interpreted. The chapter reflects the understanding of the working group on the current state of the law. It must be remembered that Article 15(c) is likely to be subject to further rulings by the CJEU and the reader is reminded of the importance of keeping up to date with such developments. It is assumed that the reader is familiar with the broad structure of the European Union (EU) asylum law as reflected in the EU asylum acquis; the chapter aims to assist not only those with little or no experience of its application to judicial decision-making but also those who are more specialist. This analysis deals with just one limb of Article 15 which contains three categories for persons in need of subsidiary protection who are otherwise not entitled to protection under the Refugee Convention. In due course, further chapters will be produced which examine the other categories which in summary provide for protection from risks comparable to those that breach Articles 2 and 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).