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Refuge and Return

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Chapter Summary

By way of corollary, the European Arrest Warrant (EAW) and the EU Qualifications Directive complement each other in rejecting the idea of asylum and political offences within the European Union. Article 14 of the Universal Declaration of Human Rights, 1948 provides for a right to seek asylum, but not even in a mere General Assembly Declaration would States concede there was a right to asylum per se. Unlike human rights law, though, the Convention Relating to the Status of Refugees 1951 also permits exclusion. Exclusion provides yet another area of overlap with extradition law. The question of refugee status can arise in two ways with respect to extradition law: can one extradite a refugee and what is the consequence of someone applying for refugee status who has been requested for extradition? The two questions clearly overlap to some extent.

Keywords: asylum; European Arrest Warrant (EAW); European Union; extradition law; human rights law; refugee status

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