A Renewed Framework to Access International Protection: Seeking Asylum in the EU and in Partner Countries Under the New Pact and Informal Cooperation Agreements

Details

Supervisors

Dopagne, Frédéric

Faculty

Faculté de droit et de criminologie

Degree label

Master de spécialisation en droit européen

Abstract

Effective access to international protection is a fundamental right for individuals fleeing war, persecution, or serious human rights violations. Recognized under both international and EU law, this right is enshrined in the EU Charter of Fundamental Rights and the principle of non-refoulement in the 1951 Geneva Convention. However, recent developments in EU asylum policy have challenged the traditional interpretation of the operationalization of this right. The New Pact on Migration and Asylum, adopted in 2024, and recent cooperation agreements such as the EU-Tunisia Memorandum of Understanding (MoU), reflect a shift towards prioritizing border management and streamlined asylum procedures. This study analyzes how these reforms and agreements align with the EU’s legal obligations to ensure effective access to international protection. The findings indicate that by prioritizing effectiveness considerations in legislative provisions and externalizing asylum management measures through informal agreements, the EU risks compromising its commitment to ensuring effective access to international protection under both EU and international law. The research underscores the need for robust accountability mechanisms and adherence to the procedures established in the treaties to reconcile the EU’s border management goals with its duty to protect asylum seekers.