CEU Electronic Theses and Dissertations, 2025
| Author | Mashchenko, Sofia |
|---|---|
| Title | To what extent do elements of the derogations within the Regulation (EU) 2024/1359 limit the right to asylum, in relation to the principle of non-refoulement? |
| Summary | Asylum and migration have been a widely debated topic, present at the European Union’s recent policies. In particular, Regulation (EU) 2024/1359, addresses the situations of crisis and force majeure situations. This thesis aims to answer the main question: to what extent do elements of the derogations within the Regulation (EU) 2024/1359 limit the right to asylum, in relation to the principle of non-refoulement? By addressing academic and legal sources available, through the comparative legal and inductive approach, it was possible to contrast the distinct frameworks’ perception regarding derogations. The analytical segment of the work helped prove the initial hypothesis, that indeed the Crisis and Force Majeure Regulation, allows the states to derogate from their obligations under international refugee law and foster legal lacunas in asylum application procedure for third-country nationals or stateless persons during a situation of crisis and force majeure, in relation to Article 33. This is particularly evident in the border procedures, where the relationship between the right to asylum and the principle of non-refoulement is most visible. |
| Supervisor | Riemer Lena |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2025/mashchenko_sofia.pdf |
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