The CJEU’s Distorting Reading of Article 1D Refugee Convention for Refugees of Palestinian Origin
The CJEU’s ruling in Case C-563/22 SN & LN adds to a line of judgements (Bolbol, El Kott, SW) concerning the application of EU asylum rules to refugees of Palestinian origins entitled to the assistance of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Called upon to determine whether the UNRWA’s protection “has ceased” according to Art 12(1)(a) of the Qualification Directive, the CJEU held that, in some exceptional cases, the UNRWA’s assistance has ceased because it is insufficient to protect any person in its area of operation. This happens in cases of extreme material poverty and humanitarian disasters, as is currently the case in the Gaza Strip. Questions remain open concerning both the temporal dimension of the proposed test to assess whether UNRWA’s protection has ceased and its interaction with the principle of non-refoulement.
Chiara Raucea
I work as an Assistant Professor of EU law at the Department of Public Law and Governance at Tilburg Law School (the Netherlands). At Tilburg University, I teach an LL.M. course on Migration and the Rule of Law and a bachelor's course on European Union Law.
My research is multidisciplinary and combines interests in doctrinal EU law with legal and political philosophy. In my work, I explore questions about the relationship between legal status and access to rights, as well as the rights of migrants in host communities. I am currently working on a project enquiring about the political dimension of the right to private life. I explore the argument that the right to private life may offer a solid ground to claim access to naturalisation, permanent residence, and regularisation of migration statuses.
Here is the link to my institutional website: https://www.tilburguniversity.edu/staff/c-raucea