PIL.OT / DEVELOPMENT
PIL.OTv0.57.7
Georgios Athanasiou’s article in the European Journal of Migration and Law says EU Member States are increasingly relying on national security to justify restrictive migration measures and refoulement at the external borders, and argues that this produces a “securitization cascade” that gradually hollows out the principle of non-refoulement. The abstract also notes the concurrent reliance on Article 4(2) TEU and Article 72 TFEU, endorsed by the European Commission in Communication COM(2024) 570, and states that the article relates that pairing to Article 52(1) CFR, ECJ case law and pending ECtHR cases.
Whether EU Member States may rely on national security at the external borders to derogate from non-refoulement obligations.
European Journal of Migration and Law · 2026
DOI 10.1163/15718166-12340224
Georgios Athanasiou, “Balancing National Security and Non-Refoulement: the Securitization of EU Migration Policies and the Crisis of Fundamental Rights”, European Journal of Migration and Law, 2026-05-21, 10.1163/15718166-12340224. https://doi.org/10.1163/15718166-12340224