THE TWOFOLD (INTERNAL AND EXTERNAL) DIMENSION OF EUROPEAN UNION’S MIGRATION AND ASYLUM POLICIES: RECENT CASES AND FUTURE SCENARIOS

• Main Author: Alfredo RIZZO
• Format: Article
• Language: English
• Published: Alexandru Ioan Cuza University of Iasi 2018-11-01
• Series: EURINT
• Subjects: migration law; European Union law; asylum policy; solidarity; international agreements
• Online Access: http://cse.uaic.ro/eurint/proceedings/index_htm_files/EURINT2018_RIZ.pdf

European Union’s policies on migration and asylum raise double-ditched problems. In the EU, the latter’s Court stated that in these areas solidarity is a binding principle: consequently, EU Member States must comply with EU decisions assigning quotas of international protection seekers to each EU State. The paper inspects also agreements between, on one hand, EU Member States (or the EU as such) and, on the other, non-EU countries as origin or transit States of international protection seekers with the view of relocating such individuals to those latter countries. This practice raises doubts if latter countries were deemed non-safe states, e.g. in case they weren’t part to 1951 Geneva Convention. These issues are relevant for the development of relations between EU and its member states as well as in the perspective that EU performs its international legal personality in full compliance to international law rules on migration and human rights protection.