Asylum in the European Union : content of protection : a comparative review

Abstract

This dissertation relates to the right of asylum in the European Union and the content of protection afforded specifically to refugees and beneficiaries of subsidiary protection, following the transposition of the Qualification Directive, in Malta and Sweden. The first chapter recounts a series of historical aspects which shaped refugee law with specific reference to the right to seek asylum. The chapter also delves into the content of protection granted to refugees prior to the adoption of the Qualification Directive. The second chapter analyses the main provisions of the Qualification Directive which regulate the content of protection. The third chapter provides a detailed account of the transposition of the provisions regulating the content of protection in both Malta and Sweden, highlighting certain discrepancies in the transposition and implementation of the rights emanating therefrom. The fourth chapter identifies the main disparities in protection between Malta and Sweden with specific reference to the disparities in implementation of the rights considered to trigger the phenomenon of irregular secondary movements. Finally, the conclusion pinpoints the main shortcomings in the Maltese law and provides a set of recommendations. Moreover, it concludes that as long as the disparities in protection and responsibility persist, a Common European Asylum System cannot be achieved.