Normalizing the exception: the Screening Regulation in the evolution of EU migration governance. Examining the tension between securitization and rights protection in Regulation (EU) 2024/1356

Abstract

This thesis examines Regulation (EU) 2024/1356, which establishes a standardized pre-entry screening process for third-country nationals arriving irregularly at the EU’s external borders. Designed to improve efficiency, coordination, and compliance with fundamental rights, the Regulation also raises significant legal and normative questions. The research explores: to what extent does EU Regulation 2024/1356 integrate securitization into migration governance, impacting fundamental rights, particularly regarding detention and asylum access? Through doctrinal and jurisprudential analysis, alongside a comparative study of Italy, Greece, and Hungary, the thesis argues that the Regulation codifies long-standing trends of securitization, externalization, and legal exceptionalism. It formalizes emergency practices under a permanent legal framework, embedding a security-driven approach in EU migration law. Particular attention is paid to the Regulation’s ambiguity around personal liberty and the risk of undermining asylum safeguards. The Independent Monitoring Mechanism is also assessed in light of existing oversight bodies to evaluate its potential to ensure rights protection and accountability. Ultimately, the thesis finds that, despite its stated aim of procedural fairness, the Regulation reinforces a restrictive model of governance that prioritizes control, contributing to the erosion of legal certainty and access to protection within the EU asylum system.