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A fundamental principle linked to the right of asylum is that of non-refoulement to a third State, where there is danger for the applicant’s life or freedom. This principle is positivised in the article 33 of the Geneva Convention of 1950 and, through this instrument, it has been incorporated into both the European regional system and the Common European Asylum System (CEAS). However, due to the special situation that the European Union is facing, non-refoulement has suffered setbacks. The objective of this study is to insist that nonrefoulement should not be considered as a soft law norm, but rather that the positive law establishes its binding and obligatory nature for the State parties to the aforementioned Convention. In addition, nonrefoulement must be respected, along with an adequate definition of the concept of a safe third country. Only this way is it possible to guarantee the much-needed legal security in the field of asylum.

PROTECCIÓN Y PRINCIPIO DE NON-REFOULEMENT EN LA UNIÓN EUROPEA