Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Problem of Exclusion from Refugee Status on the Grounds of Being Guilty of Terrorist Acts in the CJEU Case-law

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Commentary on the Lounani Case

The current article provides a critical analysis of the rulings of the European Court of Justice with regard to the exclusion of third-country nationals from the possibility of applying for refugee status on the grounds of serious reasons for considering that a person is being guilty of terrorist acts. The CJEU examined the grounds for exclusion in Cases B. and D. (C-57/09), H.T. (C-373/13) and also in the judgment of 21 January 2017 passed in the Lounani case (C-573/14) and conducted a complex analysis of Article 12 of the Qualification Directive. The instrument of exclusion is, as such, applied in exceptional cases under strictly defined legal circumstances, depriving at the same time a third-country national of the guarantees under Article 18 of the Charter of Fundamental Rights. The CJEU has proposed an interesting legislative acquis, which is worth putting under discussion. On the one hand, the Court has highlighted the necessity to individually examine each case and, on the other, the possibility of excluding a person posing a threat to the receiving country. The balance between these two values—the safety of the receiving community and the protection of fundamental rights of third-country nationals seems to be especially significant in the current situation, when the EU faces an increased influx of persons seeking international protection due to the migration crisis.

Affiliations: 1: John Paul II Catholic University of LublinPoland


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    European Journal of Migration and Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation