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3 The Treaty Basis for Asylum Legislation

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Chapter Summary

This chapter describes and analyses the competencies of the Community on asylum. Community legislation on asylum is, as any Community act, confined to "the powers conferred upon it by this Treaty and of the objectives assigned to it therein. Hence, in order to assess the validity of European asylum law, the scope of Community competence must be assessed properly. The reference to the Refugee Convention as well as Article 63(1)(c) and (d) connect the term "asylum" closely to refugees in the sense of the Refugee Convention. Asylum must be understood as protection for Convention refugees, and the "asylum seekers" of Article 63(1)(a) and (b) as persons requesting protection under the Refugee Convention. Article 63(3)(a) TEC may serve as the legal basis for measures that address the persons within the scope of Article 63(1) and (2), asylum seekers, asylum beneficiaries and beneficiaries of temporary and subsidiary protection.

Keywords: asylum legislation; asylum seekers; European asylum law; Refugee Convention



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