THE EU’S HOTSPOT APPROACH TO MANAGING THE MIGRATION CRISIS: A BLIND SPOT FOR INTERNATIONAL RESPONSIBILITY?

Abstract

Announced by the European Commission in its 2015 European Agenda on Migration as one of the EU’s priority tools to face the “unprecedented” migration crisis the Union was experiencing, the “hotspot” approach consists of a common platform for EU agencies (namely, the European Asylum Support Office, Frontex, Eurojust, and Europol) to intervene, rapidly and in an integrated manner, in frontline Member States when there is a crisis due to specific and disproportionate migratory pressure at their external borders. The goal was to reduce the pressure at the borders of the most affected Member States to “normal” levels while ensuring the proper reception, identification, and processing of arrivals. The present contribution makes some introductory remarks on issues of international responsibility under international law emerging from the implementation – by State and EU actors – of the hotspot approach. In particular, the analysis will focus on problems related to the attribution of conduct, in light of the large number of subjects involved in the relevant activities. In this respect, this contribution will highlight first the function of hotspots. Then, the discussion will analyze the position of different actors involved in the hotspot approach in light of the international law framework on international responsibility. An assessment of what has been discussed in the preceding sections is contained in the final part.