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Accessing Asylum in EuropeExtraterritorial Border Controls and Refugee Rights under EU Law$
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Violeta Moreno-Lax

Print publication date: 2017

Print ISBN-13: 9780198701002

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780198701002.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 December 2021



Taking EU Protection Seeker Rights Seriously

(p.461) Conclusions
Accessing Asylum in Europe

Violeta Moreno-Lax

Oxford University Press

This chapter summarizes the overall conclusions to which the findings arrived at in previous chapters lead. The research points to a persistent disregard of the particular position of exiles in relation to pre-border controls. It emphasizes how the general references to human rights and refugee law introduced in each of the instruments analyzed in Part I are insufficient to guarantee the rights identified in Part II. While ‘integrated border management’ (IBM) measures include some recognition of their potential impact on access to asylum in the Member States, no provision is made for adequate procedures and remedies through which compliance with the protection obligations imposed by EU law would be ensured in practice. On this basis, the chapter closes with a final assessment of IBM tools as currently operationalised, suggesting that either these be adapted to the fundamental rights acquis or abandoned as incompatible with the founding values of the EU.

Keywords:   Adapt or abandon, incompatibility, protection-sensitive, non-absolute powers, securitisation of migration, irregularisation, refugee flows, IBM, fundamental rights acquis, incongruence, EU values

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