Vladislava Stoyanova
Senior lecturer
Addressing the Legal Quagmire of Complementary Legal Pathways
Author
Summary, in English
Complementary pathways have been offered as a possible solution for facilitating legal admission of people in need of international protection. The current debates about these pathways are characterised by a conceptual and legal quagmire since various issues are invoked and conflated. The objective of this article is to dissect the relevant issues in light of the existing relevant legal frameworks so that some better clarity is achieved. For this purpose, the pathways are compared with resettlement and territorial asylum, to demonstrate their distinctiveness. This possible distinctiveness (i.e., the combination of protection-related and not protection-related considerations) disrupts the existing legal categories for regulating migration. The article shows how the European Convention on Human Rights, EU law and domestic law might respond to this disruption, by examining the granting of visas, the right to leave any country, the right to non-refoulement, the right to family life and relevant procedural rights.
Department/s
- Department of Law
- Human Rights Law
- Migration Law
- Public International Law
- LU Profile Area: Human rights
Publishing year
2023
Language
English
Publication/Series
European Journal of Migration and Law
Volume
25
Issue
2
Full text
- Available as PDF - 537 kB
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Document type
Journal article
Publisher
Brill
Topic
- Law
Keywords
- Human rights
- Mänskliga rättigheter
Status
Published
Research group
- Human Rights Law
- Migration Law
- Public International Law
ISBN/ISSN/Other
- ISSN: 1388-364X