The European Union Qualification Directive: The Creation of a Subsidiary Protection Regime

The European Union Qualification Directive is the first supranationalinstrument to seek to harmonize complementary protection (termed‘subsidiary protection’ in the EU). Though it hasshifted complementary protection beyond the realm of ad hocdomestic practices to a codified regime, it entrenches a protectionhierarchy that unjustifiably differentiates between the rightsand status accorded to Convention refugees vis-à-visbeneficiaries of subsidiary protection. This article tracesthe development of the Qualification Directive by examiningpreparatory documents and drafting records. It discusses changesto the categories of persons granted subsidiary protection aswell as to the substantive rights attaching to that status.In particular, it criticizes the narrowing-down of originally-proposedcategories of persons eligible for subsidiary protection, arguingthat omitting to provide for known groups of extra-Conventionrefugees does not eliminate them, but simply creates new categoriesof unprotected persons. It also highlights the absence of anyinternational legal basis on which to base distinctions betweenthe rights granted to Convention refugees vis-à-vis beneficiariesof subsidiary protection. It concludes that the QualificationDirective represents a regional, political manifestation ofthe broader legal concept of complementary protection, and assuch does not provide a model for emulation at the internationallevel.     

公共行政执行协同机制——概念、模型和理论视角

公共行政执行协同机制的EPDFIIE模型是分析公共行政执行协同机制的一个概念框架,这一概念框架描述了公共行政执行的生态协同机制、政治—行政协同机制、决策—执行—监督协同机制、职能—结构协同机制、部际协同机制、府际协同机制和嵌入性协同机制的基本内容、理论视角和这些机制之间的有机联系。     

REGIONAL SERVICES COUNCILS IN SOUTH AFRICA: PAST, PRESENT AND FUTURE

This article traces the evolution of local government structures in South Africa, known as Regional Service Councils (RSCs), which were created in 1985. The first section traces the history of local government in the country and how apartheid led to separate structures for different racial groups. This is followed by an account of why the National Party (NP) created RSCs, which were neo-apartheid structures, incorporating certain features of metropolitan government. The major features of Rscs are discussed and analysed. The operation of the Rscs around the country is assessed. The final section of the article looks at moves towards non-racial local government structures in the light of broader political developments in the country. The future of RSCs as well as metropolitan government generally is discussed.