Abstract
The current article presents the findings of the research on the case-law of the CJEU in the area of asylum and return migration law concerning protection of migrants’ rights. The analyzed case-law concerns the proceedings from the period after the escalation of the European migration crisis in April 2015. The presented study seeks to answer the question about the existence of a juridical standard for the protection of the right to migration security. The analysis also includes the examination of the relation between the necessity of providing security in migration processes and the obligation to ensure the protection of migrants’ fundamental rights.
Highlights
The current article presents the findings of research on the case-law of the CJEU in the area of asylum and return migration law concerning protection of migrants’ rights
The aim of the present article is to analyze the case-law of the Court of Justice of the European Union in the Area of Freedom, Security and Justice and to attempt to define the jurisprudential standard of migration security concerning the protection of migrants
The analysis will focus on the so-called post-crisis case-law, that is the rulings issued by the CJEU after the escalation of the migration crisis in April 20152
Summary
The aim of the present article is to analyze the case-law of the Court of Justice of the European Union (further as CJEU) in the Area of Freedom, Security and Justice and to attempt to define the jurisprudential standard of migration security concerning the protection of migrants. The analysis of the said case-law is aimed to provide an answer to the question whether it is possible at present to ensure effective protection of such right in the case-law of the CJEU. In the light of the issues presented in the current article, it is crucial to emphasize that a special role in the development of the Union’s system for the protection of fundamental rights has been played by the Court of Justice.
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