IDEAS home Printed from https://ideas.repec.org/a/dcu/journl/v13y2019i1p321-337.html
   My bibliography  Save this article

Complementary Forms Of International Protection In The European Union And In Switzerland

Author

Listed:
  • Petru-Emanuel Zlătescu

Abstract

The subsidiary protection under EU law and the temporary admission under the Swiss Federal Act on Foreign Nationals and Integration complete a legal gap in the field of international protection. They introduce a system of protection for persons threatened by the most grave human rights infringements but who do not meet the strict requirements of the Geneva Refugee Convention for granting refugee status. At the core of international protection lays the refoulement prohibition. There are two main pillars of protection against refoulement in public international law, which are of great importance: the refoulement prohibition under Art. 33 of the 1951 Geneva Convention and the human rights refoulement prohibition, derived from Art. 3 ECHR. Despite the common roots of complementary forms of protection, important differences can be noticed both in the nature of the two institutions and in their interpretation by the courts. Aim of this paper is to portray the conditions under which complementary protection is granted and to emphasize their different embedment within the legal system.

Suggested Citation

  • Petru-Emanuel Zlătescu, 2019. "Complementary Forms Of International Protection In The European Union And In Switzerland," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 13(1), pages 321-337, May.
  • Handle: RePEc:dcu:journl:v:13:y:2019:i:1:p:321-337
    as

    Download full text from publisher

    File URL: http://fiatiustitia.ro/wp-content/uploads/2021/03/435-Article-Text-848-1-10-20190710.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Subsidiary Protection; Temporary Admission; Switzerland; Complementary Protection;
    All these keywords.

    JEL classification:

    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:dcu:journl:v:13:y:2019:i:1:p:321-337. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania (email available below). General contact details of provider: http://fiatiustitia.ro .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.