Challenging the Externalised Obstruction of Asylum – The Application of the Right to Asylum to EU Cooperation with Libyan Coast Guards

24 Pages Posted: 1 May 2019

See all articles by Adel-Naim Reyhani

Adel-Naim Reyhani

Ludwig Boltzmann Institute of Human Rights

Carlos Gomez del Tronco

affiliation not provided to SSRN

Matthias Nikolaus Mayer

affiliation not provided to SSRN

Date Written: March 28, 2019

Abstract

This article analyses the strategy of the European Union (EU) towards the movement of asylum-seekers from Libya to Europe in respect of the right to asylum in Art 18 of the EU Charter of Fundamental Rights. It first outlines the characteristics and effects of the European response to migration through Libya in its post-revolutionary context, taking into consideration the route via Niger. The second chapter presents an interpretation of the right to asylum that allows an encompassing perspective on the situation. It claims that Art 18, understood as a right of the individual to overcome rightlessness through accessing asylum, can serve as a well-suited instrument to challenge the strategy of externalised obstruction.

Keywords: Right to Asylum, Externalisation, Refugee Law, Asylum, International Law, Libya, Mediterranean, Rightlessness

Suggested Citation

Reyhani, Adel-Naim and Gomez del Tronco, Carlos and Mayer, Matthias Nikolaus, Challenging the Externalised Obstruction of Asylum – The Application of the Right to Asylum to EU Cooperation with Libyan Coast Guards (March 28, 2019). Available at SSRN: https://ssrn.com/abstract=3361889 or http://dx.doi.org/10.2139/ssrn.3361889

Adel-Naim Reyhani (Contact Author)

Ludwig Boltzmann Institute of Human Rights

Schottenstift
Vienna, A-1010
Austria

Carlos Gomez del Tronco

affiliation not provided to SSRN

Matthias Nikolaus Mayer

affiliation not provided to SSRN

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