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The Future of Legal Struggles - Strategic Litigation and Mobilization after the new CEAS Compromise

Authors :
Maximilian Pichl
Source :
Verfassungsblog, Iss 2366-7044 (2024)
Publication Year :
2024
Publisher :
Max Steinbeis Verfassungsblog GmbH, 2024.

Abstract

The year 2023 was not a good year for the rights of asylum seekers. The decision about a new legal framework for the Common European Asylum System (CEAS) was described as a "historic moment" (Ylva Johansson), but in fact works as a programme of disenfranchisement. If the pursuit of progressive positions are blocked in the political arena, actors shift their strategies to the judicial field. Even before the summer of migration 2015, successful legal struggles had a significant impact on European migration policy. Push-backs on the high sea were prohibited and transfers of asylum seekers to inhumane conditions under the Dublin system were prevented. The draft for the new CEAS are characterised by attempts to circumvent the consequences of these judgements. In this blogpost, I will discuss what the future of legal struggles within the framework of the new CEAS might look like.

Details

Language :
German, English
ISSN :
23667044
Issue :
2366-7044
Database :
Directory of Open Access Journals
Journal :
Verfassungsblog
Publication Type :
Academic Journal
Accession number :
edsdoj.3bd5b1db0163498f98fd5f124c3d3821
Document Type :
article
Full Text :
https://doi.org/10.59704/13ed3137237bf74c