Restrictions in EU Immigration and Asylum Policies in the light of

If freedom of movement for European Union nationals means the lifting of internal borders, elimination of controls and facilitation of travelling, the freedom of movement for non-EU nationals is associated with notions such as more immigration controls, more identity checks and fewer arrivals at EU external borders. In recent years immigration and asylum policies in the EU have become expansive and constructive of the idea of a ‘fortress Europe’. The territorial expansion of the EU has been inextricably linked with the need for repressive measures to protect the external borders of the Union from unwanted threats of migration as well as security considerations. The paper analyzes the legality of restrictions in light of the principles of protection of human rights in Europe. In particular, it examines the extent and scope of the protection regime rendered to migrants by the European Convention on Human Rights. The article argues that despite the international human rights commitments, the EU Member States, all parties to the European Convention, still fail to ensure the full realisation of immigrants and asylum seekers’ human rights. The case study of immigration and asylum policies in the EU vis-à-vis third country nationals from the Newly Independent States is aimed at demonstrating the discrepancies between such restrictions and international human rights standards. 1