Pushing Back Against Push-backs: A Right of Entry for Migrants and Asylum Seekers Unlawfully Prevented from Reaching Italian Territory?

Diritti Umani E Diritto Internazionale, Vol. 14(1) (2020), pp. 236-245

13 Pages Posted: 16 Feb 2021

See all articles by Silvia Borelli

Silvia Borelli

School of Law, University of Bedfordshire

Date Written: April 1, 2020

Abstract

A decision of a civil court in Rome has reaffirmed the illegality of ‘push-back’ operations under both Italian and international law. In a noteworthy and innovative development, the court further held that, in light of the fact that the claimants had been wrongfully prevented from reaching Italian territory, they had a subjective right as a matter of Italian constitutional law to be admitted to Italy so as to be able to make an application for international protection. The decision has potentially far-reaching implications for future cases before the Italian courts in the field of migration, and may also pave the way for similar findings at the international level.

Keywords: push-backs at sea, migration asylum seekers, non-refoulement, externalization of migration controls

Suggested Citation

Borelli, Silvia, Pushing Back Against Push-backs: A Right of Entry for Migrants and Asylum Seekers Unlawfully Prevented from Reaching Italian Territory? (April 1, 2020). Diritti Umani E Diritto Internazionale, Vol. 14(1) (2020), pp. 236-245, Available at SSRN: https://ssrn.com/abstract=3700989 or http://dx.doi.org/10.2139/ssrn.3700989

Silvia Borelli (Contact Author)

School of Law, University of Bedfordshire ( email )

Vicarage St
Luton, LU1 3JU
United Kingdom

HOME PAGE: ​ http://www.beds.ac.uk/departments/law/staff/silvia-borelli

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