Asylum-Seekers’ Right to Free Movement - How to Make it Relevant in EU Law

Abstract

Restricting the freedom of movement of unwanted asylum seekers is the conceptual core of the CEAS reform package politically agreed upon by the EU’s legislative institutions in December 2023. Large groups of the people seeking international protection in the EU will be subject to so-called border procedures. Their claims will be processed while being ‘kept at or in proximity to the external border or transit zones’ (Commission proposal) in order to prevent their onward movement and to facilitate ensuing deportations. Introducing such confinement measures will be mandatory for all Member States, provided that an asylum seeker meets certain criteria, in particular a low rate of success of earlier protection claims made by his or her fellow nationals, calculated on an EU-wide average. Why did we fail to make asylum-seekers’ right to free movement relevant in context of the CEAS reform?

Keywords

• asylum
• CEAS
• European Convention of Human Rights
• freedom of movement
• ICCPR
• UN Refugee Convention