ABSTRACT
This chapter analyses the terms of the qualification directive (QD) and its subsidiary protection status. The (Recast) QD is, firstly, the legal basis for the implementation of the Union’s de jure refugee status in accordance with the 1951 Convention and, secondly, the instrument which creates one common status of complementary protection for certain kinds of forced migrants. Prior to the adoption of the QD, countries relied on national protection instruments or discretionary decisions not to expel asylum applicants, but there was no common, overarching framework to address forced migration outside the 1951 Convention. On 21 October 2009, the Commission proposed an amendment to the QD in conjunction with the revision of the Asylum Procedures Directive. The court of justice of the European Union, through preliminary rulings, has provided the necessary interpretative instructions concerning the scope of the (Recast) QD, particularly with regards to eligibility for subsidiary protection of persons fleeing conflict and violence.
