The dangerous access to international protection in fortress Europe: The battle for a humanitarian visa in Europe
DOI:
https://doi.org/10.18042/cepc/rdce.57.02Keywords:
Fortress Europe, asylum, refuge, access to international protection, European Common Asylum System, border control, visa policy, European Humanitarian Visa, Charter of Fundamental Rights of the EU, extraterritorial application of international law of humaAbstract
The dramatic situation in the Mediterranean Sea that has been going on for a for a decade in the context of the so-called refugee crisis has intensified the long-standing perceived need to guarantee legal and secure access channels to international protection in Europe. However, categorical opposition from the European Commission and the Member States, on the one hand, and the refusal by the ECJ to consider that EU law applies in cases where international protection is sought abroad, on the other, have blocked the introduction of a European humanitarian visa. In a context in which Europe increasingly moves away from its responsibilities, two main ideas are put forward in this contribution. Firstly, there are good arguments to show that the ECtHR may end up accepting what the ECJ could not in the case of X and X vs. Belgium. Secondly, by way of conditioning its application to regulatory developments based on an impact assessment, the proposal of the European Parliament’s LIBE committee seems reasonable and prudent and, for this reason, it deserves to be supported.Downloads
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2017-07-25
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