Is offshoring the solution? The EU and the extraterritorial processing of asylum claims

Abstract

This thesis explores the topic of the extra territorialisation of processing of asylum claims by the European Union (EU) and its member states (MS). In particular, it focuses on the compatibility of the creation of processing centres in the territory of third countries by the EU and MS’ with their obligations under human rights, international and EU law. The creation of these centres has been presented as an alternative to the EU’s legal and policy framework on migration and asylum, which has proved inadequate and ineffective to respond to the growing migratory pressure, marked by the mixed nature of the migratory flows. The thesis problematises the consequences of severing the territorial link to the EU asylum system, namely regarding the legal protection of migrants and asylum seekers. Considering the current proposals and existing cases of extraterritorial processing in other regions of the world, this thesis shows that, a priori, the EU and the MS are not exempted from their obligations towards refugees, asylum seekers and migrants when acting extraterritorially, even in cases of delegation of powers and indirect participation. However, practical constraints may limit the possibility to hold the EU and MS accountable for violations occurred extraterritorially. Keywords: EU; EU Law; ECHR; Migration and asylum; Extra territorialisation; Extraterritorial processing of asylum.