'Effective Judicial Protection of Migrants and Refugees? The role of Europe's supranational courts in protecting and generating rights' 

Research Handbook in EU Migration Law (Elgar 2022)

15 Pages Posted: 12 Jul 2024

See all articles by Cathryn Costello

Cathryn Costello

University College Dublin (UCD); University of Oxford - Faculty of Law; University of Oxford - Refugee Studies Centre; Hertie School

Minos Mouzourakis

University of Oxford - Refugee Studies Centre

Date Written: January 01, 2022

Abstract

This chapter examines the caselaw of the European Court of Human Rights (ECtHR) and Court of Justice of the European Union (CJEU) on access to protection, the Dublin system and presumptions of 'safety', and detention, in order to provide critical insights into the concept of effective judicial protection in Europe since the so-called 'refugee crisis' of 2015. The two courts have not provided effective protection in a transformative sense, in that they have not adopted progressive rulings to overcome the crisis-inducing elements of European asylum and migration law. Instead, they have deferred to governmental accounts of 'crisis' and accepted dubious factual and legal arguments. Against this backdrop, we note that the need for effective judicial protection in even a minimal sense, to hold the line on the most basic of rights in this field-protection against refoulement and arbitrary detention-is more acute than ever, and may also be in decline. I. * Legal & Advocacy Officer, Refugee Support Aegean (RSA).

Keywords: Effective judicial protection, EU migration and asylum law, CJEU, ECHR, immigration detention, Safe third country, access to asylum

Suggested Citation

Costello, Cathryn and Costello, Cathryn and Mouzourakis, Minos, 'Effective Judicial Protection of Migrants and Refugees? The role of Europe's supranational courts in protecting and generating rights'  (January 01, 2022).

Research Handbook in EU Migration Law (Elgar 2022)

, Available at SSRN: https://ssrn.com/abstract=4890519 or http://dx.doi.org/10.2139/ssrn.4890519

Cathryn Costello (Contact Author)

University College Dublin (UCD) ( email )

Belfield
Belfield, Dublin 4 4
Ireland

HOME PAGE: http://https://people.ucd.ie/cathryn.costello

University of Oxford - Refugee Studies Centre ( email )

Oxford Department of International Development
32 Mansfield Road
Oxford, OX13TB
United Kingdom

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
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Hertie School ( email )

Berlin, 30123
Germany

Minos Mouzourakis

University of Oxford - Refugee Studies Centre ( email )

Oxford Department of International Development
32 Mansfield Road
Oxford, OX13TB
United Kingdom

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