contents table Lexparency.org
Qualification Directive
Article 7

Article 7 — Actors of protection

  1. Protection against persecution or serious harm can only be provided by:
    1. the State; or
    2. parties or organisations, including international organisations, controlling the State or a substantial part of the territory of the State;

    provided they are willing and able to offer protection in accordance with paragraph 2.

  2. Protection against persecution or serious harm must be effective and of a non-temporary nature. Such protection is generally provided when the actors mentioned under points (a) and (b) of paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm, inter alia, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and when the applicant has access to such protection.
  3. When assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as described in paragraph 2, Member States shall take into account any guidance which may be provided in relevant Union acts.