The master's thesis discusses the issue of the externalisation of migration controls in the European Union (EU), i. e. the question of moving migration controls beyond the borders of the EU Member States, including by transferring them to other actors.
The aim of the thesis is to present the concept of the externalisation of migration controls as well as the risks that such policies entail for the protection of human rights. The first part deals with the concept of the externalisation of migration controls, the actors involved in it and the ways in which the externalisation agenda is pursued. Moreover, the thesis presents some main strengths and weaknesses of such policies. The second part works on the assumption that the externalisation of migration controls entails certain risks for human rights violations by the EU and/or the Member States or third countries. Some main risks are presented. The thesis examines whether EU instruments, which serve also for externalisation purposes, contain adequate safeguards for the respect of human rights and international asylum law in practice by analysing EU readmission agreements and political declarations establishing mobility partnerships between the EU and third countries. Furthermore, the thesis explores the (limited) possibilities for establishing the responsibility of the EU and/or Member States for human rights violations under international law. It discusses the litigation possibilities that individuals have before the European Court of Human Rights and the Court of Justice of the European Union as well as some main procedural obstacles that they may encounter before both fora. Lastly, the thesis addresses the future development of the externalisation of migration controls.
|
