2 The Working of International Asylum Law in European Law

Abstract

This chapter discusses whether and how far the Member States and Community institutions are bound to comply with international law on asylum when they adopt or apply European asylum law. Most international asylum law consists of treaty law binding the Member States. The chapter addresses the question whether the transfer of powers on asylum matters to the Community has affected the scope or content of the Member States' obligations under international law, and how the Member States should solve conflicts between their obligations under European law and those under international asylum law. It addresses the various ways how international law may work in the Community legal order: as treaty or customary law, as general principles of Community law or by reference to primary or secondary Community law. The Refugee Convention and other relevant treaties can serve as a source of legal knowledge for identifying general principles of Community law.Keywords: community institutions; European law; international asylum law; refugee convention