Legality, Rule of Law and Fundamental Rights Reconsidered
Edited by Sergio Carrera, Juan Santos Vara and Tineke Strik
Chapter 5: Non-refoulement at risk? Asylums disconnection mechanisms in recent EU practice
The development of CEAS has made possible the creation and progressive enhancement of an international protection system inside the EU, covering not only refugees but other situations – namely collective – where protection benefits people threatened outside the strict terms of the Geneva Convention. Notwithstanding, at the same time CEAS has introduced mechanisms through which the protection afforded by the Geneva Convention is eluded: the Disconnection procedures. Conceived initially by singular Member States – the ‘safe country’ notion – this practice was progressively enlarged to include the ‘third safe country’ and the ‘internal flight’ case and generalised through the ‘Aznar Protocol’ – adopted in 1997 and subsequently revised. Recent EU developments after the Refugees’ Crisis of 2015 try to extend those notions not only through the CEAS’s reform still in progress, but also through the new impulse given to the migratory policies, specially by the readmission agreements to be concluded by the EU. The chapter explores the consistency of those developments with the telos of the Geneva Convention – namely the non-refoulement principle – and its coherence with the judicial limits related to the expulsion of aliens set out by European Courts.
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