Pushing back against push-backs: a right of entry for asylum seekers unlawfully prevented from reaching Italian territory
AffiliationUniversity of Bedfordshire
MetadataShow full item record
AbstractA 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.
CitationBorelli S (2020) 'Pushing back against push-backs: a right of entry for asylum seekers unlawfully prevented from reaching Italian territory', Diritti umani e diritto internazionale, 2020 (1), pp.236-245.
PublisherSocietà Editrice il Mulino
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