EU-refugee-camps outside of Europe: salvation or nightmare?

Abstract

The thesis deals with the legal aspects of the concept of processing asylum claims jointly in camps outside of Europe operated by the EU. Therefore the UKproposal and related developments and precedents, such as Australia’s “Pacificsolution”, are analysed. Firstly, competence-regulations on the level of the EU are assessed, to evaluate whether the EU would generally be entitled to establish processing-camps, or if it would fall under the responsibility of the Member States. Before examining the legality of the proposal, the controversial issue of the relationship between the European Convention on Human Rights (ECHR), as well as the Geneva Refugee Convention (GRC), and the European Union is addressed, together with the question of extra-territoriality of their protectionstandards. After the examination of the compatibility of processing-camps on the level of the EU the Member States themselves are considered in terms of whether such a proposal would place them in violation under the ECHR and GRC. The issue of judicial review and legal remedies, at the European Court of Justice as well as the European Court for Human Rights, for possibly Human Rights violations is analysed. In the penultimate section the author examines the legality of processing-camps and finally the practicability and political signal of the proposals is discussed in the light of significant criticisms from major Non-Governmental-Organisations. The thesis is concluded with a critical analysis of the results achieved and it is stated clearly that the concept of processing-camps has to be opposed.