JUDGMENT OF 25. 7. 2018 — CASE C-585/16 ALHETO 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.’ 13 14 Articles 9 and 10 of that directive, which are contained in Chapter III, entitled ‘Qualification for being a refugee’ set out the factors to be taken into account in order to evaluate whether the applicant has been or may be subject to persecution. Article 12 of that directive, which is also contained in Chapter III, is entitled ‘Exclusion’ and provides as follows: ‘1. A third-country national or a stateless person is excluded from being a refugee if: (a) he or she falls within the scope of Article 1(D) of the Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees. When such protection or assistance has ceased for any reason, without the position of such persons being definitely settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, those persons shall ipso facto be entitled to the benefits of this Directive’. …’ 15 Article 15 of that directive is contained in Chapter V, entitled ‘Qualification for subsidiary protection’. It states as follows: ‘Serious harm consists of: (a) the death penalty or execution; or (b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or (c) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.’ 16 17 Article 17 of Directive 2011/95, which is also contained in Chapter V, defines the circumstances in which eligibility for subsidiary protection is excluded. Article 21 of that directive, entitled ‘Protection from refoulement’, provides in paragraph 1: ‘Member States shall respect the principle of non-refoulement in accordance with their international obligations.’ 18 Chapter IX of that directive, entitled ‘Final provisions’, contains Articles 38 to 42. The first paragraph of Article 39(1) of that directive provides as follows: ‘Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1, 2, 4, 7, 8, 9, 10, 11, 16, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35 by 21 December 2013. They shall forthwith communicate to the Commission the text of those provisions.’ ECLI:EU:C:2018:584 5