• Channel crossings and deaths at sea: managing irregular migration and the need for safe and legal routes to protection

      Borelli, Silvia; ; University of Bedfordshire (federalismi.it, 2022-01-17)
      The recent marked increase in numbers of individuals attempting to cross the English Channel on small boats is at the centre of the current debate on immigration in the United Kingdom. This paper provides an overview of the measures recently proposed or adopted to counter the phenomenon and assesses their legality under international law. It argues that the creation of safe and legal routes to protection is the most appropriate way to accommodate both the UK’s legitimate interests in limiting irregular migration by sea, and its humanitarian obligations towards vulnerable migrants.
    • Pushing back against push-backs: a right of entry for asylum seekers unlawfully prevented from reaching Italian territory

      Borelli, Silvia; University of Bedfordshire (Società Editrice il Mulino, 2020-03-10)
      A decision of a civil court in Rome has reaffirmed the illegality of ‘push-back’ operations under both Italian and international law. In a noteworthy and innovative development, the court further held that, in light of the fact that the claimants had been wrongfully prevented from reaching Italian territory, they had a subjective right as a matter of Italian constitutional law to be admitted to Italy so as to be able to make an application for international protection. The decision has potentially far-reaching implications for future cases before the Italian courts in the field of migration, and may also pave the way for similar findings at the international level.