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
Date Written: March 28, 2019
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
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