Influence of the European Union Directive 2004/83/EC on the Interpretation of Definition of Refugee

Abstract

The 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees embody fundamental provisions of refugee law. However, since the adoption of these documents the world has changed dramatically and the laws are not developing fast enough in order to catch up with dynamically changing contemporary situations. The application and interpretation of definition of a refugee was developed through traditional practice of Western states, which was influenced by two world wars and the Cold War, when refugees from Africa or Asia were uncommon. The Qualification Directive specifically aims at ensuring that the member states apply common qualification criteria for persons who need international protection in line with the 1951 Convention Relating to the Status of Refugees. The author supports the statement that the Qualification Directive in principle aims at bringing back under the definition of refugee those, who have been left outside of its scope during the last decades as a result of the restrictive interpretation and application of the definition of refugee.