Principle of non-refoulement in the context of recent ECtHR caselaw and the EU migration and asylum pact

Abstract

The constant crisis modality of the recent years, in one way or another affected the way how international human rights obligations were overall respected by states. The Article examines selected key recent legal developments in Europe posing challenges to implementation of international obligations under the principle of non-refoulement. Firstly, it dwells into the changing context in Europe related to securitisation of migration theme and explores how it affects the approach of European courts. Secondly, it reviews the ongoing major reform under the EU Asylum and Migration Pact, reflecting on potential future litigations on non-refoulement at national and European courts.