Komplementarer Schutz: Die aufenthaltsrechtliche Stellung nicht ruckfuhrbarer Personen in der EU (The Right to Residence of Non-returnable Persons in the EU)

Abstract

Julia Schieber’s comparative dissertation starts with the observation ‘that in Germany and other EU Member States there are several mechanisms in force that protect third-country nationals from repatriation after their application for international protection according to Art 2 lit a Qualification Directive has been rejected’ (p 120). It is exactly those national mechanisms that Schieber refers to as ‘complementary protection’ and that she places under scrutiny in her comparative study. Since around 70 per cent of all applications for international protection in the EU are rejected, a profound study of those complementary protection mechanisms seams timely. With ‘complementary protection’ or ‘complementary protection mechanisms’, Schieber refers to all protection schemes beyond the EU-wide harmonized set of protection rules under the Qualification Directive that prevent or suspend repatriation measures either during, after or outside asylum procedures. The so defined ‘complementary protection mechanisms’ do not include refugee protection, subsidiary protection, or temporary protection schemes according to the Qualification Directive, but refer to national rules that regulate the residence of asylum applicants after the rejection of the asylum claim or that suspend repatriation measures independent of asylum procedures.