PRACTICES OF INSTRUMENTALISATION ON MIGRATORY FLOWS. LEGAL PROBLEMS IN THE BELARUS CASE

Abstract: The dramatic flows of migrants that occurred above all during the year 2021 on the border between the European Union (EU) and Belarus are the result of aggressive policies of instrumentalisation of migrants adopted by the Russian federation. The Belarusian government has facilitated the opening of new migratory routes to the neighboring countries of Latvia, Lithuania and Poland with the aim of destabilizing EU and its Member States. This contribution aims to analyze the political and regulatory response of the European institutions to the phenomena of instrumentalisation of migrations to assess their compatibility with the international framework for the protection of fundamental rights and to understand whether an adequate balance has been achieved between the safeguarding of borders and the protection of the migrants involved. The questions for discussions are many and open, especially as regards the behavior of democratic States according to the principles and values of EU