Trends in Migration Cases in the European Court of Human Rights and the Court of Justice of the European Union

Abstract

There is a marked increase in the number of migrants and asylum-seekers in Europe in recent years. Such tendency leads to an increasing number of appeals to international institutions. This becomes a particular challenge for national and international (European) justice, as this may provoke conflicts of law in courts’ practice. Originating from two different European legal orders, the European Court of Human Rights together with the Court of Justice of the European Union plays a crucial role in the protection of the fundamental rights of migrants and asylum-seekers. While some of the approaches of these courts may intertwine, others may cause legal gaps or uncertainty. Therefore, it is essential to understand to what extent the level of human rights protection in these two courts coincides. This Master’s Thesis is focused on how the two European courts coexist in terms of migration and asylum, what are the trends in the migration-related jurisprudence of these two courts, and what role the courts play in the legal system of Ukraine.