ECJ – Judgment of 17.02.2009, Elgafaji v. Staatssecretaris van Justitie – C-465/07 – European asylum and refugee policy – Article 3 ECHR – Subsidiary protection – Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict - Proof
Keywords:
Political asylum, subsidiary protection, serious and individual threat to a civilian´s life or person, indiscriminate violence, harm because of personal conditions.Abstract
In this Judgment, the ECJ considers subsidiary protection as outlined in Article 15 c) of the Regulation 2004/83/EC, to represent a protective measure that goes beyond that of Article 3 from the ECHR, principally because its interpretation should be done autonomously by Community Law. Additionally, this ruling adds that situations of indiscriminate violence, like those which happen occasionally in an internal or international armed conflict, do not require proof of a serious or individual personal threat to the applicant of subsidiary protection. Finally, the existence of such threats should be presumed when indiscriminate violence is of such a magnitude that the person expelled to the country or region in question faces the risk of suffering from such threats simply by his presence in the territory.Downloads
Download data is not yet available.
Downloads
Published
2010-06-22
How to Cite
ACOSTA SÁNCHEZ, M. A., & REMI NJIKI, M. (2010). ECJ – Judgment of 17.02.2009, Elgafaji v. Staatssecretaris van Justitie – C-465/07 – European asylum and refugee policy – Article 3 ECHR – Subsidiary protection – Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict - Proof. Revista De Derecho Comunitario Europeo, (35). Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/45707
Issue
Section
CASE LAW COURT OF JUSTICE OF THE EU
License
Copyright
Submission of a manuscript to the RDCE implies having read and accepted the journal's editorial guidelines and instructions for authors. When a work is accepted for publication, it is understood that the author grants the RDCE exclusive rights of reproduction, distribution and, where appropriate, sale of his manuscript for exploitation in all countries of the world in printed version, as well as any other magnetic, optical and digital media.
Authors shall transfer the publishing rights of their manuscript to RDCE so that it may be disseminated and capitalised on Intranets, the Internet and any web portals and wireless devices that the publisher may decide, by placing it at the disposal of users so that the latter may consult it online and extract content from it, print it and/or download and save it. These activities must comply with the terms and conditions outlined on the website hosting the work. However, the RDCE authorises authors of papers published in the journal to include a copy of these papers, once published, on their personal websites and/or other open access digital repositories. Copies must include a specific mention of RDCE, citing the year and issue of the journal in which the article was published, and adding a link to the RDCE website(s).
A year after its publication, the works of the RDCE will be under the Creative Commons Attribution-Noncommercial-NoDerivative 4.0 International license (CC BY-NC-ND 4.0), which allows third parties to share the work as long as its author and its first publication is indicated, without the right to commercial exploitation and the elaboration of derivative works.
Plagiarism and scientific fraud
The publication of work that infringes on intellectual property rights is the sole responsibility of the authors, including any conflicts that may occur regarding infringement of copyright. This includes, most importantly, conflicts related to the commission of plagiarism and/or scientific fraud.
Practices constituting scientific plagiarism are as follows:
1. Presenting the work of others as your own.
2. Adopting words or ideas from other authors without due recognition.
3. Not using quotation marks or another distinctive format to distinguish literal quotations.
4. Giving incorrect information about the true source of a citation.
5. The paraphrasing of a source without mentioning the source.
6. Excessive paraphrasing, even if the source is mentioned.
Practices constituting scientific fraud are as follows:
1. Fabrication, falsification or omission of data and plagiarism.
2. Duplicate publication.
3. Conflicts of authorship.
Warning
Any breach of these Rules shall constitute a ground for rejection of the manuscript submitted.
