Another Parochial Decision? The Common European Asylum System at the Crossroad between IHL and Refugee Law in Diakité
Questions of International Law, Zoom-in 12 (2015), 3-20
18 Pages Posted: 12 Sep 2016
Date Written: February 16, 2015
Abstract
The relationship between the EU legal order and the international one has been the focus of attention in recent years. Whilst triggered by the ‘insurrectionist’ attitude of the Court of Justice of the European Union (CJEU) in the Kadi saga, the study of the relationship between EU law and the international legal order has covered a plurality of perspectives and approaches. The relationship is based on the duty to respect international law and the principle of consistent interpretation and the application of these two obligations is conditioned by sector-specific nuances and, ultimately, by the constitutional foundations of EU law. The present contribution takes its cue from the decision of the CJEU in the Diakité case.In Diakité, the CJEU was asked to provide guidance to a national court on the interrelations between a provision of the Qualification Directive and the notion of ‘internal armed conflict’ stemming from international humanitarian law for the purpose of applying EU asylum law. This paper argues that by disconnecting IHL and EU law, the CJEU has left a number of questions unanswered in the field of EU asylum law and on the relationship between EU and international law.
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