24 research outputs found
Blocking Asylum: The Status of Access to International Protection in Greece
Item does not contain fulltex
Systemic accountability of the European Border and Coast Guard: the legal responsibility of Frontex for human rights violations
There has never been a more pertinent time to discuss the accountability and the legal responsibility of Frontex, the European Border and Coast Guard Agency, for fundamental rights violations. In a period that hosts the first legal actions vis-à -vis the agency and a series of relevant non-judicial investigations, including by the European Parliament, this dissertation aims to address the main problem underlying these accountability efforts, namely the ‘problem of many hands’. As conceptualised by Dennis Thompson, this problem is where the multiplicity of the actors involved obscures the various responsibilities and creates gaps in accountability.To address it, this work contests the dominant ways of looking at the concepts of responsibility and accountability, and reimagines them for their optimal function.It adopts a holistic approach, taking into account not only judicial, but also other forms of accountability, studying not only EU liability law, but also other legal remedies before the CJEU, the ECtHR, and domestic courts, building bridges between international and EU law, and traveling from the empirical to the conceptual, to the normative, and from there to the applied.It creates the foundations for the accountability of the agency inside and outside courts, within the EU borders and beyond.Effective Protection of Fundamental Rights in a pluralist worl
Dutch Refugee Council Expert Meeting on Strategic Litigation
Item does not contain fulltextDutch Refugee Council Expert Meeting, 06 juni 202
The next phase of the European Border and Coast Guard. Responsibility for returns and push-backs in Hungary and Greece
Assessing Accountability for Harms against Migrants in Europe
Item does not contain fulltextInternational Conference of the Association of Human Rights Institutes (AHRI), 29 november 201
Book Review: Frontex and Non-Refoulement: The International Responsibility of the EU, by Roberta Mungianu
Effective Protection of Fundamental Rights in a pluralist worl
The EU-Turkey Deal and the Safe Third Country Concept before the Greek Asylum Appeals Committees
This article discusses the first case law issued on the EU-Turkey deal from April
to June 2016, which authoritatively answers the question whether Turkey constitutes a safe
third country for refugees. In 390 out of 393 decisions, the Greek Asylum Appeals Committees ruled that Safe Third Country (STC) requirements were not fulfilled with respect
to Turkey, essentially impeding the application of the EU-Turkey deal. Through empirical
research, this article sheds light on the reasoning of the decisions of the Appeals Commit-
tees and investigates the impact of the EU-Turkey deal on them. This analysis is highly
relevant to society today as it aspires to inform further law, policy, and jurisprudence in
the field, especially since it provides access to sources that, due to language and other
practical barriers, would remain far from the reach of legal and policy experts.Effective Protection of Fundamental Rights in a pluralist worl
A Nexus Approach to the Responsibility of the European Border and Coast Guard: From Individual to Systemic Accountability
The interaction of multiple actors if European Border and Coast Guard Operations leads to a nexus of responsibilities, both individual and collective, positive and negative, direct or indirect, that is hard to disentangle. The connections between the responsibility of member states and that of the agency often lead to a non-singular answer to the question of the one responsible, which is not accommodated by the existing paradigm of legal accountability. Thus, this paper suggests a different approach to accountability, named ‘systemic accountability’, arguing from the perspective of justice, the rule of law, and strategic litigation.Effective Protection of Fundamental Rights in a pluralist worl