Europe: hell or paradise? An overview of European law and case law

Abstract

The request for asylum and the concession of the status of refugee bring into question political, and humanitarian issues on migration, which in turn, brings about a dysfunctionality of the amount of solidarity between the member states. Creating a European regime wasn’t sufficient, by itself, to correct such dysfunctionalities since it allows for a differentiated approach. In the present article, we’ll look at the legal and historical framing of this question, resorting to the analyses of case-law from both the European Court of Justice and the European Court of Human Rights as well as existing EU laws on the topic. Previous studies have come to show the failure of the adopted measures in the EU, and several amendments have been made to the in force legislation. New diplomas have been developed in order to find new solutions to a prevailing problem. The dream to reach a safe haven where they would be safe – and not sorry – has collapsed, for some of them, having reached the borders of Europe and being prevented from crossing.