In January 2009, the European Council on Refugees and Exiles (ECRE) undertook a limited update of its 2004 survey on complementary and subsidiary protection in European Union Member States. This update covers nine EU Member States Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Sweden and the United Kingdom – plus Switzerland. In 2004, complementary and subsidiary protection were taken in a single group, meaning ?any status, other than Convention refugee status, which is afforded to persons who may/can not be returned to their country of origin.? In the present update, they are clearly distinct. Subsidiary protection refers to internal mechanisms adopted in order to comply with the 2004 Qualification Directive. Complementary protection refers to other forms of protection, created by national law, different from refugee status and from subsidiary protection status, conferred on persons whose return is impossible or undesirable. Supplementing the 2008 ECRE/ELENA study on subsidiary protection, this report focuses on forms of complementary protection. The survey contains legislative information about 22 systems of complementary protection, but does not assess how these instruments are applied in practice. Furthermore, two of the surveyed countries, Sweden and Finland, had not transposed the Qualification Directive by the time of the update, and two others, Denmark and Switzerland, are not bound by it.7 Therefore, they lack subsidiary protection for comparison purposes.
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