Silvia Borelli

Pushing Back Against Push-backs: A Right of Entry for Asylum Seekers Unlawfully Prevented from Reaching Italian Territory

  • Abstract

Informations and abstract

Keywords: push-backs at sea; migration; asylum seekers; non-refoulement; externalization of migration controls.

A decision of a civil court in Rome has reaffirmed the illegality of ‘push-back’ operations under both Italian and international law. In a noteworthy and innovative development, the court further held that, in light of the fact that the claimants had been wrongfully prevented from reaching Italian territory, they had a subjective right as a matter of Italian constitutional law to be admitted to Italy so as to be able to make an application for international protection. The decision has potentially far-reaching implications for future cases before the Italian courts in the field of migration, and may also pave the way for similar findings at the international level.

Trova nel catalogo di Worldcat

Article first page

Article first page