Cooperation-based Non-entrèe. What Prospects for Legal Accountability?

In a bid to avoid the financial and political cost of processing growing numbers of asylum applications from ‘irregular’ migrants, European States have resorted to an array of different ‘practices of non-arrival’ designed to stem undesired migratory flows before they reach their borders. While more traditional ‘non-entrée practices’ such as visa regulations, carrier sanctions and maritime ‘push backs’ have already been thoroughly investigated, however, cooperative arrangements with third States involving the provision of financial and technical assistance to strengthen the latter’s capacity to prevent unauthorised departures have so far received little attention. In order to address this gap, the paper sets out to investigate whether European States that facilitate third State migration control practices which result in foreseeable violations of human rights can be said to act consistently with their international refugee law and European human rights law obligations.

Bosso, F. (2016). Cooperation-based Non-entrèe. What Prospects for Legal Accountability? IFHV Working Paper, 6(1).