ABSTRACT

This conclusion presents an overview of the key concepts provided by the preceding chapters of this book. The book argues that the rules enshrined in the Refugee Convention are applied inconsistently and that national courts often arrive at completely contrasting solutions to the issues those rules fail to resolve. It shows even in key areas such as assessment procedures the Convention allows States enormous freedom of manoeuvre, with the result that they often take an opposite line to the one recommended by United Nations High Commissioner for Refugees (UNHCR). The 1951 Refugee Convention joins the 1950 Rome Convention for the Protection of Human Rights and Fundamental Freedoms. In sum, European Union (EU) legislation does not appear to keep pace with reality, given that what clearly emerges as the 'principal' protection is subsidiary to that of the Refugee Convention.