‘No more morias’ : a legal analysis of the human rights transgressions faced by irregular arrivals at the EU external border with reference to the EU asylum and migration policies

Abstract

In the aftermath of the 2015 migration crisis, the European Union has since developed several policies intended to monitor irregular migration. Nevertheless, the selective policies are indubitably inadequate at curbing the issue of migration whilst upholding the EU’s objective of safeguarding human rights. As a matter of fact, countless asylum seekers are maltreated at detention centres, and several human rights are violated within the EU external border. Therefore, this dissertation aims to shed a light on this unlawful situation. This thesis examines the European Union policies in relation to asylum seekers at the EU external border, with a focus on human rights violations. In this respect, it focuses on the most prominent EU case law that suggests a transgression of the asylum seekers' human rights. The human rights which are frequently infringed at the borders include: the right to apply for asylum, the prohibition of torture or inhuman or degrading treatment, the right to life, the right to non-refoulement, the right to an effective remedy and the right to liberty. The justification behind these human rights restrictions appears to be linked to emergency situations. This study not only underlines this phenomenon but also carefully dissects the border management agencies in place to safeguard the rights of asylum seekers and protect the EU external borders. Given the importance of protecting the rights of migrants and as a response to the tragedy of the Moria Camp, the European Commission presented a new Pact on Migration and Asylum in September 2020. In this regard, this thesis addresses whether it is adequate to curb these major violations. Finally, this dissertation will conclude with a few recommendations to improve the shortcomings of the current EU legislation to diminish the infringements of human rights faced at the border.