contents table Lexparency.org
Qualification Directive
Article 17

Article 17 — Exclusion

  1. A third-country national or a stateless person is excluded from being eligible for subsidiary protection where there are serious reasons for considering that:
    1. he or she has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
    2. he or she has committed a serious crime;
    3. he or she has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations;
    4. he or she constitutes a danger to the community or to the security of the Member State in which he or she is present.
  2. Paragraph 1 applies to persons who incite or otherwise participate in the commission of the crimes or acts mentioned therein.
  3. Member States may exclude a third-country national or a stateless person from being eligible for subsidiary protection if he or she, prior to his or her admission to the Member State concerned, has committed one or more crimes outside the scope of paragraph 1 which would be punishable by imprisonment, had they been committed in the Member State concerned, and if he or she left his or her country of origin solely in order to avoid sanctions resulting from those crimes.