what is article 15c.?
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Answer:
The full report — Article 15(c) Qualification Directive (2011/95/EU) - A judicial analysis — runs to 124 pages and can be read here. The 23-page main body of the report (Parts I and II) is excerpted and reproduced below for easy reference.
The EASO analysis aims to put at the disposal of courts and tribunals dealing with international protection cases, a helpful tool for the understanding of Article 15(c).
Article 15(c) defines serious harm as "serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict."
The EASO analysis states: "This provision, which by its nature can potentially affect the outcome of many cases dealing with international protection, has not proved easy for judges to apply. Studies show that in different Member States there have been divergent interpretations. The commentary is intended to assist the reader towards an understanding of the QD through the case law of the Court of Justice of the European Union (CJEU) as well as that of the European Court of Human Rights (ECtHR) and relevant decisions of the courts and tribunals of the Member States."
Part I of the report analyses the constituent elements of Article 15(c), including what constitutes 'international or internal armed conflict', and Part II examines how the provision is to be applied in practice. A 'decision tree' in Appendix A sets out the questions courts and tribunals need to ask when applying Article 15(c).
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