Bridging the Gap: Humanitarian Protection and the Convergence of Laws in Europe

Abstract
This article uses the thematic of humanitarian protection to examine the convergence of laws in Europe. It considers the heterogeneous architecture of the Refugee Convention and European Convention on Human Rights then analyses the homogenous framework of the EU's Common Asylum System and, in particular, the Qualification Directive. It argues that in an area where international, regional and national laws intersect, convergence needs to be underpinned by Member States adopting a common interpretative methodology that has international law at its core. Article 15 of the Qualification Directive (QD) is used to illustrate how this can be achieved. The article adds to the growing literature on the convergence of laws in Europe and illustrates the importance of adopting a common interpretative methodology. It suggests a paradigm for protection regimes around the world and a methodology that could be transplanted to other areas of law involving the intersection of international, regional and national laws.

ESO: Background information: Article 15(c) Qualification Directive (2011/95/EU). A judicial analysis http://www.europeansources.info/record/article-15c-qualification-directive-2011-95-eu-a-judicial-analysis/

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