Pushing back against push-backs: a right of entry for asylum seekers unlawfully prevented from reaching Italian territory

Borelli, Silvia

dc.contributor.author	Borelli, Silvia	en
dc.date.accessioned	2020-03-10T15:34:36Z
dc.date.available	2020-03-10T15:34:36Z
dc.date.issued	2020-03-10
dc.identifier.citation	Borelli 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.	en
dc.identifier.issn	1971-7105
dc.identifier.doi	10.12829/96817
dc.identifier.uri	http://hdl.handle.net/10547/623896
dc.description.abstract	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.
dc.language.iso	en	en
dc.publisher	Società Editrice il Mulino	en
dc.relation.url	https://www.rivisteweb.it/doi/10.12829/96817
dc.rights	Yellow - can archive pre-print (ie pre-refereeing)
dc.rights.uri	http://creativecommons.org/licenses/by-nc-nd/4.0/	*
dc.subject	push-backs at sea	en
dc.subject	migration	en
dc.subject	European Convention on Human Rights	en
dc.subject	refoulement	en
dc.title	Pushing back against push-backs: a right of entry for asylum seekers unlawfully prevented from reaching Italian territory	en
dc.type	Article	en
dc.identifier.eissn	1972-5485
dc.contributor.department	University of Bedfordshire	en
dc.identifier.journal	Diritti umani e diritto internazionale	en
dc.date.updated	2020-03-10T15:28:38Z
html.description.abstract	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.