History of exclusion Historical evolution of the Italian bilateral agreements with third countries for the management of illegal migration (1990s-2024)
(2024) JAMM07 20241Department of Law
Faculty of Law
- Abstract
- Refugees have been arriving in Europe from North Africa for years, but it wasn't until 2015 that the issue gained widespread public attention. That year saw a significant increase in the number of refugees and migrants, with 911,000 individuals reaching European shores via perilous routes across the Mediterranean Sea, particularly between Italy and Libya, and between Turkey and Greece.
This thesis examines the externalization measures employed by the EU, led by Italy, to tackle the surge in illegal migration. By analysing migration agree- ments between Italy and non-EU countries over the past two decades, with a focus on Libya and the more recent example of Albania, the goal is to evaluate their compliance with International Human Rights... (More) - Refugees have been arriving in Europe from North Africa for years, but it wasn't until 2015 that the issue gained widespread public attention. That year saw a significant increase in the number of refugees and migrants, with 911,000 individuals reaching European shores via perilous routes across the Mediterranean Sea, particularly between Italy and Libya, and between Turkey and Greece.
This thesis examines the externalization measures employed by the EU, led by Italy, to tackle the surge in illegal migration. By analysing migration agree- ments between Italy and non-EU countries over the past two decades, with a focus on Libya and the more recent example of Albania, the goal is to evaluate their compliance with International Human Rights Law.
The Memorandum of Understanding (MoU) with Libya, heavily financed by the EU, primarily legitimizes Italy in evading legal responsibilities under In- ternational Human Rights Law, particularly the procedural obligations under the principle of non-refoulement and the right to asylum. In contrast, the new agreement with Albania introduces several changes compared to the Libyan agreement. Albania has agreed to the establishment of two detention camps on its territory, where asylum seekers seeking international protection will be processed.
Despite the new agreement stating that Italy will have full jurisdiction over asylum processing and thus the obligation to respect the principle of non-re- foulement, practical implementation appears unfeasible. If enacted, the agree- ment would further exacerbate the incompatibility between the EU's migra- tion law system and the International Human Rights Law framework. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9171812
- author
- Diotallevi, Iris LU
- supervisor
- organization
- course
- JAMM07 20241
- year
- 2024
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- EU Migration Law, Refugees, Italy, Libya, Albania, bilateral agreements
- language
- English
- id
- 9171812
- date added to LUP
- 2024-08-16 14:37:52
- date last changed
- 2024-08-16 14:37:52
@misc{9171812, abstract = {{Refugees have been arriving in Europe from North Africa for years, but it wasn't until 2015 that the issue gained widespread public attention. That year saw a significant increase in the number of refugees and migrants, with 911,000 individuals reaching European shores via perilous routes across the Mediterranean Sea, particularly between Italy and Libya, and between Turkey and Greece. This thesis examines the externalization measures employed by the EU, led by Italy, to tackle the surge in illegal migration. By analysing migration agree- ments between Italy and non-EU countries over the past two decades, with a focus on Libya and the more recent example of Albania, the goal is to evaluate their compliance with International Human Rights Law. The Memorandum of Understanding (MoU) with Libya, heavily financed by the EU, primarily legitimizes Italy in evading legal responsibilities under In- ternational Human Rights Law, particularly the procedural obligations under the principle of non-refoulement and the right to asylum. In contrast, the new agreement with Albania introduces several changes compared to the Libyan agreement. Albania has agreed to the establishment of two detention camps on its territory, where asylum seekers seeking international protection will be processed. Despite the new agreement stating that Italy will have full jurisdiction over asylum processing and thus the obligation to respect the principle of non-re- foulement, practical implementation appears unfeasible. If enacted, the agree- ment would further exacerbate the incompatibility between the EU's migra- tion law system and the International Human Rights Law framework.}}, author = {{Diotallevi, Iris}}, language = {{eng}}, note = {{Student Paper}}, title = {{History of exclusion Historical evolution of the Italian bilateral agreements with third countries for the management of illegal migration (1990s-2024)}}, year = {{2024}}, }