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POSTS BY Salvo Nicolosi
23 October 2024

Getting a Grip on Migration but Mind European Law!

On September 13, the new Dutch government led by Dick Schoof outlined its programme for the next years. Unsurprisingly, a major point of this programme regards asylum and migration, for which the greatest ambition is to install the strictest regime ever and to include the Netherlands within the category of Member States of the European Union with the strictest admission rules. This post reviews these proposals through the lens of European Law to challenge their legal feasibility and flag the potential incompatibility with Dutch obligations stemming from EU and international law. Continue reading >>
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29 July 2024

‘One, No One, One Hundred Thousand’

States use mechanisms such as visas, maritime interdiction operations, pushback practices to unsafe countries to prevent migrants from reaching their shores, applying for asylum, or invoking fundamental rights guarantees. This raises the question of whether and to what extent States have extraterritorial obligations towards migrants who have not yet reached the territory of destination countries. By focusing on recent practices in the Mediterranean, this post addresses this overarching question. Continue reading >>
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07 September 2022

Frontex and Migrants’ Access to Justice

While possibly marking a step in the right direction towards more political accountability, the controversial resignation of Frontex’s former Executive Director, Fabrice Leggeri, leaves open the question about the effective judicial protection for migrants interacting with the agency. A number of judicial actions are brought before the Court of Justice of the European Union (CJEU), as the only competent tribunal with jurisdiction on Frontex. By critically reviewing these judicial actions from the perspective of migrants’ access to justice, this post aims to flag the limits of the existing system of EU judicial remedies in light of Frontex wrongdoings. Beyond access to a court, access to justice vis-à-vis EU migration agencies must integrate elements of good governance, such as transparency and accountability. Continue reading >>
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