CEU Electronic Theses and Dissertations, 2025
| Author | Ohlsen, Anne-Luna |
|---|---|
| Title | Territorial Presence, Legal Absence: Legal Fictions in the EU New Pact on Migration and Asylum |
| Summary | The EU’s New Pact on Migration and Asylum reshapes legal boundaries through the concept of the ‘fiction of non-entry’ and thereby reinforces postcolonial hierarchies of exclusion within contemporary European migration governance. Taking the theoretical perspectives of Third World Approaches to International Law (TWAIL) and legal geography, this research analyzes how the EU constructs legal spaces to displace migrants from legal recognition, allowing Member States to limit their human rights obligations while maintaining their international commitments. This research employs Critical Discourse Analysis to analyze the New Pact’s selected legal files, namely the Screening Regulation (SR), the Asylum Procedure Regulation (APR) and the Border Return Procedure Directive (BRPD), and how these legal texts reproduce power relations in migration law. Future research should explore how international law can be harnessed to challenge these exclusionary practices and advance equality in migration governance. |
| Supervisor | Nagy, Boldizsár |
| Department | International Relations MA |
| Full text | https://www.etd.ceu.edu/2025/ohlsen_anne-luna.pdf |
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