Belgian Bricks for Fortress Europe: Comment on the New Refugee Law after a Judgment of the Cour d'Arbitrage

The authors examine the modifications of the Belgian refugee law, introduced on 6 May 1993. Those modifications follow the annulment of the so-called double 5% rule by the Court of Arbitration. That rule required that refugees from certain countries submit proof of a well-founded fear of persecution before their request for refugee status could even be considered admissible. That rule comprises two notions, namely, that of the manifestly unfounded claim and the safe country of origin. Annulled because it introduced a discrimination between refugees according to their country of origin, the rul... Mehr ...

Verfasser: CARLIER, JEAN-YVES
VANHEULE, DIRK
Dokumenttyp: TEXT
Erscheinungsdatum: 1994
Verlag/Hrsg.: Oxford University Press
Schlagwörter: Articles
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-28887283
Datenquelle: BASE; Originalkatalog
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Link(s) : http://ijrl.oxfordjournals.org/cgi/content/short/6/3/323

The authors examine the modifications of the Belgian refugee law, introduced on 6 May 1993. Those modifications follow the annulment of the so-called double 5% rule by the Court of Arbitration. That rule required that refugees from certain countries submit proof of a well-founded fear of persecution before their request for refugee status could even be considered admissible. That rule comprises two notions, namely, that of the manifestly unfounded claim and the safe country of origin. Annulled because it introduced a discrimination between refugees according to their country of origin, the rule has now been extended to all refugees by the new law. Beyond the question of discrimination, the authors also look at the rule's compatibility with the Geneva Convention, especially given its extensive application. They recall that, according to the logic of the system of the Geneva Convention, without access to the territory of an asylum State, there is no access to the procedure of recognition of the quality of refugee, and therefore no possible protection.