Strengthened Refugee Protection: ECJ Decision Benefits Stateless Palestinians in the EU

ECJ strengthens refugee protection for Palestinians

Millions of people are under the protection of the UN Palestinian relief agency UNRWA. But if that is not enough, stateless Palestinians can also be recognized as refugees in the EU, according to the European Court of Justice. If Palestinians seek asylum in the European Union, this has previously been the case under EU law. If they are under the protection of the UNRWA refugee relief agency, Palestinians are generally not entitled to refugee protection in the EU. This is stated in Article 12 of the so-called Qualification Directive from 2011.

However, there is an important exception to this rule, as the European Court of Justice has clarified once again today. If the UNRWA cannot provide “protection and assistance”, then Palestinians can still be recognized as refugees in the EU.

Court Massive deterioration in living conditions

The ECJ also specifies when this exception to the rule applies. This is the case when the refugee agency UNRWA cannot offer “humane living conditions” or a “minimum level of security” for the people in its area of ??responsibility. The European judges expressly emphasize that living conditions in the Gaza Strip have “deteriorated in an unprecedented way” since the start of the war. The current security situation in Gaza is crucial.

In this specific case, a Palestinian mother and her underage daughter had already applied for asylum in Bulgaria in 2018. The Bulgarian court must now comply with the ECJ’s requirements and take into account the poor humanitarian situation that currently prevails in the Gaza Strip when deciding on the asylum application. Due to the living conditions there and the fact that UNRWA can hardly offer the Palestinians in Gaza sufficient protection, the chances of asylum in the EU for the people in Gaza have increased significantly, at least on paper.

The ruling has Europe-wide implications

EU law does contain other exceptions as to when Palestinians cannot be given protection. For example, if they have committed war crimes or crimes against humanity or another serious crime as members of Hamas. But for the majority of Palestinians in the Gaza Strip, the new ECJ ruling applies not only in Bulgaria but in all EU states. On its basis, it should be easier for people from Gaza who have been able to flee to the EU to obtain refugee protection.