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The EU’s Extraterritorial Asylum Policies & Human Rights Obligations : Prospects, Limits and the Role of the European Courts

  • This paper presents an analysis of the underlying policy and legal mechanisms contributing to the deaths of migrants attempting to reach the EU by crossing the Mediterranean. It is structured into three sections, outlining, firstly, the deficits of the current Common European Asylum System, especially its extraterritorial dimension. It is argued that the reasons for the shortcomings of the current system are linked to the traditional state-centred paradigm still pre-dominant in EU law and policy. Secondly, human rights are presented as the conceptually adequate instrument to fill these gaps and to extend effective protection of migrants’ human rights beyond the shores of Europe. The European Convention of Human Rights is singled out as the most promising system for doing so. Thirdly, analysing the role of the two major European Courts in extending human rights protection extraterritorially, it further outlines the prospects and limits of such an approach. The importance of the Courts in clarifying and also extending the reach of human rights protection is demonstrated and the paper concludes with an outlook on future challenges facing the two Courts and the human rights system within the European region.

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Metadaten
Document Type:Master's Thesis
Language:German
Author(s):Anna Hoffmann
Referee:Mark Dawson
Publisher:Hertie School of Governance
Place of Publisher:Berlin
Hertie Collections (Serial Number):Hertie School Student Paper Series (01/2015)
Publication year:2015
Publishing Institution:Hertie School of Governance
Granting Institution:Hertie School of Governance
Thesis date:2015/04/25
Number pages:53
Release Date:2017/02/03
URN of document:urn:nbn:de:kobv:b1570-opus4-20361
Confidentiality:0
Dewey Decimal Classification:3 Sozialwissenschaften / 32 Politikwissenschaft
Faculty / Researchers:Prof. Mark Dawson, PhD
Licence of document (German):Creative Commons - Namensnennung-Keine kommerzielle Nutzung-Weitergabe unter gleichen Bedingungen