Sul partenariato UE-Stati terzi in ambito migratorio: le proposte del Nuovo Patto sulla migrazione e l’asilo in tema di rafforzamento delle capacità di border management

Abstract

The aim of this paper is to provide an in-depth analysis of the New Pact on Migration and Asylum, proposed by the European Commission in 2020, with a focus on two fundamental aspects, namely the border asylum procedure and the strengthening of the ongoing partnerships between the European Union and third countries. Arguably, the new border asylum procedure poses a significant challenge for human rights-related issues, insofar as it is at odds with both the 1951 Geneva Convention and the ECtHR’s well-established case law concerning the need to consider the specific situation of each application lodged by an asylum seeker. As regards the partnership, the study argues that the New Pact, instead of taking into due consideration the enlargement of pathways relating to legal migration, only emphasizes the “tailor-made approach” and the mutual beneficial support given by the European Union to third countries in order to facilitate as many repatriations as possible. Accordingly, it only minimally improves the current pattern to address the complex questions regarding migration.