Abstract

Principle of non-refoulement protected by EU law – National practices – Deterrence – Pushbacks – Border police deterrence – Reaction of EU institutions – Legal uncertainties – ‘Safe country of origin’ – ‘First country of asylum’ – ‘Safe third country’ – EU values – New Pact on Migration and Asylum

Highlights

  • Over the past decade the EU has witnessed an increasing number of third-country nationals trying to reach its borders to find a safe haven there

  • Principle of non-refoulement protected by EU law – National practices – Deterrence – Pushbacks – Border police deterrence – Reaction of EU institutions – Legal uncertainties – ‘Safe country of origin’ – ‘First country of asylum’ – ‘Safe third country’ – EU values – New Pact on Migration and Asylum

  • Both the EU institutions and its member states have continued to proclaim their adherence to the right to seek asylum and the principle of non-refoulement, while at the same time exercising and tolerating (EU institutions) sometimes rigid border policies which have, in practice, repeatedly caused the circumvention or breaches of these rules

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Summary

Introduction

Over the past decade the EU has witnessed an increasing number of third-country nationals trying to reach its borders to find a safe haven there.

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