The next development came about in 2000 when our colleagues in Australia and New Zealand formed a Chapter to cater for their special regional requirements. A European Chapter followed and in 2002 it held its first conference, in Dublin. In the following years, conferences were held at Trier, Edinburgh and Budapest. The recurring theme at all of these Conferences focused on the then draft Qualification Directive which was transposed into the national law of member states in 2006.
Over the past 12 months, there has been a growing realisation that cooperation and collegiality are the key elements that will assist our Chapter in is endeavours to avoid conflicting national interpretations while developing a common and consistent jurisprudence that is acceptable at the highest level.
Future Developments.
It is in response to this realisation that a series of workshops were held in Warsaw, Ljubliana, Berlin and Budapest. As there will be an international conference of our Association in South Africa later in 2008 there will be no European Conference until some time in 2009. In the meantime, it is anticipated that there will be a further series of workshops next year, with particular emphasis on central and eastern Europe.
Judges from over 30 countries are represented in the European Chapter of which twenty-six countries are members of the European Union. In an effort to ensure the best possible understanding of the common European Asylum System, our colleague John Barnes has written a Training Manual on the Qualification Directive and the Procedures Directive. The Manual was completed in an amazingly short time and written under some adversity. It is also a work of very considerable scholarship and no doubt, will quickly establish itself as a leading authority on the subject. May I, on behalf of our colleagues in this Chapter, thank John for his Herculean efforts which have resulted in the production of a marvellously readable commentary and analysis of the Directives.
Over the first 6 years of its existence, the European Chapter has adhered to the general principles established by the Constitution of the International Association. The requirements of the Chapter, while not adverse to the objectives established in the International Constitution, necessitate a more formal statement which is best reflected by drafting a Constitution/Charter appropriate to our needs in Europe. It is proposed that a Sub-Committee of members should be appointed to submit a draft Constitution/Charter which will be put at the plenary session held at the next Conference in 2008.
The administration of the Chapter has been managed by European colleagues who are members of the International Council. The draft Constitution will include provision for the appointment of a Council, but in the meantime, it is proposed, subject to your agreement, that these Council members should continue until an election is held in 2008. The Council has decided to increase its membership and some colleagues who have made notable contributions to the Chapter, have been asked to assume membership. It is also proposed that the Council would reserve to itself the right to make three additional appointments, should it be felt that certain countries or regions within our Chapter require greater representation.
Finance.
Our Association is in constant need of additional finances to assist with the growing demand for training facilities, workshops and conferences. UNHCR has proposed that it will finance, for a period of 6 months, a fund raiser who will be expected to seek funds in three key regions of our association. The regions specified are Europe, North America and Australia. Our Chapter is grateful to governments from various parts of Europe which have generously responded to our requests for funding. We are also indebted to TAIEX which has offered considerable support to us over the past 2 years.
In conclusion, it is appropriate that we should avoid the mistake of assuming that the sole legal system determining the law of refugee status in Europe is that of the European Union. There are many countries in Europe that are not member states. Some aspire to membership, while others may prefer never to join. There is no reason why collectively we, as members of the European Chapter, cannot develop a common approach on more fundamental issues involved in the consideration of Refugee Law and Human Rights Law.
Eamonn Cahill