The Potential and Limitations of the Court of Justice of the European Union in Shaping International Refugee Law

International refugee law, in particular the 1951 Convention on the Status of Refugees and its 1967 Protocol, has been accorded an exceptionally strong role in the framework for EU asylum policies. By virtue of EU primary law, it was established as a yardstick for secondary EU refugee law and its application by EU member states. As a consequence of this, the Court of Justice of the European Union (CJEU) has the power to interpret provisions of international refugee law. In fact, it has become the first international court actually interpreting the 1951 Convention and the 1967 Protocol. Expectations that this institutional setting would boost international refugee law through the strong framework of the EU were rising high after the establishment of the legal framework for EU refugee policies. More than twelve years after the adoption of the first asylum law instruments under EU law, and more than seven years after the first judgments were handed down, it is time for an assessment of how the Court has been dealing with the potential of applying and possibly shaping international refugee law.