Externalisation e-paper cover
E-PAPER

The EU and the externalisation of migration and asylum: An analysis of potential human rights violations and legal responsibility

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Shifting responsibility for migrants and refugees to third countries has become a central feature of the European Union’s migration, asylum, and border governance. This report uses the term “externalisation” to refer to this shifting of responsibility. Although it involves cooperation and “partnerships,” externalisation is premised upon unequal power relations between the externalising and third countries. 

Externalisation fundamentally contradicts the values of the rule of law, including transparency, participation in decision-making, good faith and human dignity. As such, it creates a context where human rights violations are likely to occur.

The paper examines externalisation through a legal lens, offering an analysis of potential violations of migrants’ human rights and the corresponding responsibility. Section 2 outlines two forms of externalisation and provides examples of mea­sures falling within each. Section 3 addresses possible human rights violations arising in the context of externalisation, while Section 4 discusses how respon­sibility for those violations could be established. Section 5 presents the paper’s concluding reflections.

Product details
Date of Publication
September 2025
Publisher
Heinrich Böll Foundation - Thessaloniki Office
Number of Pages
28
Licence
Language of publication
English
Table of contents

1. Introduction           6

2. Forms of externalisation           7

2.1. Border externalisation           7

2.2. Transfer to third countries          10

3. Human rights consequences of externalisation           14

3.1. Migrants           15

3.2. Third-country nationals without intention to migrate to the EU           20

4. Responsibility for human rights violations           21

4.1. Responsibility under international law           21

4.2. Extraterritorial jurisdiction           23

4.3. Legal remedies           24

5. Conclusions           26

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