This thesis focuses on the legal examination of the externalisation of asylum policies in Europe, with particular emphasis on the concept of a safe third country. The large-scale migratory flows of recent decades have led to an overburdening of European asylum systems, prompting countries to shift their obligations under international migration and asylum law to third countries. This practice results in evasion of responsibilities under international law and undermines the legal relationship established by the Geneva Convention between refugees and its signatories.
The core of the thesis is dedicated to the legal framework enabling the implementation of the safe third country concept, especially within the context of international instruments such as the Geneva Convention, the Dublin Regulation, and the Asylum Procedures Directive. The findings suggest that the application of the safe third country concept often results in the delegation of responsibility to countries with less developed asylum systems, which fail to provide an adequate standard of protection. The thesis also examines several practical cases of externalisation, including agreements concluded between the European Union or its member states and third countries, such as the agreement between the European Union and Turkey, as well as relevant case law.
In addition, the thesis analyses the risks posed by the externalisation of asylum policies, including violations of fundamental human rights of refugees, such as the right to asylum and non-refoulement. It highlights that current externalisation practices weaken the principle of fair responsibility-sharing among countries, potentially leading to the marginalisation of already vulnerable groups. The thesis concludes by asserting that, in order to achieve the fundamental objective of the Geneva Convention – ensuring effective protection for refugees – it is essential to respect human rights, pursue effective reforms, and foster international cooperation.
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