Overlapping protection or conflicting rules? A study of the concept of subsidiary protection in the context of Swedish, EU and international law.

Summary

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The aim of the project is to contribute to the development of Swedish migration law by analysing the consequences of the Common
European Asylum System (CEAS) for Swedish migration law and its impact on Sweden´s obligations according to international law. The focus of the study is the concept of subsidiary protection in the context of national -
Swedish in particular - law, EC law and international law. Subsidiary protection is primarily defined in national legislation, allowing for
varying interpretations of its content, having serious consequences for asylum-seekers. The EC Qualification Directive is the first
attempt to set a legally binding common standard of subsidiary protection. It is also a core element of CEAS. In international law,
subsidiary protection is not dealt with as such. Refugee law, human rights law and humanitarian law however have an important
impact on how subsidiary protection is interpreted and assessed. Three major issues are addressed in the study: the impact of the
Qualification Directive on Swedish legislation and case law; the relationship and possible divergences between the Directive and
international law, focusing on the grounds for and assessment of protection; and the consequences of the Directive for interpretation
on a national level of core concepts of international law. The overall objective is to increase knowledge on interpretation and
implementation of core concepts in a dynamic area of law.

Keywords

Flyktingrätt, migrationsrätt, skyddsbehov, alternativt skyddsbehovande.

Cooperating institutions

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Funding body

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Vetenskapsrådet/The Swedish Research Council

Associated researchers

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Members

Stern, Rebecca