Generalised push-back practices in Europe. The right to seek asylum is a fundamental right

MORARU, Madalina Bianca. Generalised push-back practices in Europe. The right to seek asylum is a fundamental right. Quaderns IEE: Revista de l’Institut d’Estudis Europeus. 2022, vol. 1, No 1, p. 154-164. ISSN 2696-8525. Available from: https://dx.doi.org/10.5565/rev/quadernsiee.23.

Basic information

• Original name: Generalised push-back practices in Europe. The right to seek asylum is a fundamental right
• Authors: MORARU, Madalina Bianca (642 Romania, guarantor, belonging to the institution).
• Edition: Quaderns IEE: Revista de l’Institut d’Estudis Europeus, 2022, 2696-8525.

Other information

• Original language: English
• Type of outcome: Article in a journal
• Field of Study: 50501 Law
• Country of publisher: Spain
• Confidentiality degree: is not subject to a state or trade secret
• WWW: Open access časopisu
• RIV identification code: RIV/00216224:14220/22:00125843
• Organization unit: Faculty of Law
• Doi: http://dx.doi.org/10.5565/rev/quadernsiee.23
• Keywords in English: Asylum; Right to seek asylum; EuropeanUnion; DublinRegulation; Push-backs
• Tags: rivok
• Tags: International impact, Reviewed

Abstract

In recent years, more and more asylum seekers trying to reach the European Union (EU) have found themselves subjected to practices that contradict the EU Charterof Fundamental Rights and the democratic principles within the Dublin III Regulation. The inalienable right of those individualsto seek asylum is violated every time that the Member States’ national authorities subject them to irregular procedures and deny them their right to international protectionwithout an individual assessment of their asylum claims. These practices are defined as push-backs.This brief outlines the ways in which asylum seekersare exposed to both ‘external’ and ‘internal’ push-backs by and between the Member States, while also underscoring the importance of safeguarding the physical safety and integrity of people seeking asylum. It offers case studies of EU countries where push-backs have become the new normal, and highlights the role of courts in remedying the wide-spreading push-backs practices. Within this context of generalized push-backs and executive backlash against European and domestic judgments finding violations of human rights, the withdrawal of the European Border and Coast Guard Agency from Hungary is an alarming signal for human rights protection. In the face of the rule of law and human rights challenges, was the Agency's withdrawal the most appropriate measure?.Finally, it asks whether the recent EU border procedure proposed in 2020 will have a positive or a negative impact on the right to seek asylum on the ground.

Links

• MUNI/J/0815/2021, interní kód MU: Name: The Role of Courts in Shaping Migrants' Rights (Acronym: REFORM)

Investor: Masaryk University, MASH JUNIOR - MUNI Award In Science and Humanities JUNIOR