Beyond Borders: The EU’s Externalisation of Migration Control and Violations of Non‑Refoulement in the Mediterranean

This thesis investigates the European Union’s externalization of migration control in the Mediterranean and its implications for the principle of non-refoulement, a cornerstone of international refugee and human rights law. Through a doctrinal and case-based methodology, the study examines the legal foundations and evolving scope of non-refoulement under international, regional, and EU law, emphasizing its extraterritorial application and dual nature as both a negative and a positive obligation. It then assesses EU migration policies since the 2015 migration crisis, focusing on the EU–Turkey Statement (2016), the Italy–Libya Memorandum of Understanding (2017), and the EU–Tunisia cooperation framework (2023), as well as the expanding role of Frontex. The analysis highlights how deterrence measures, border externalization, and partnerships with third countries have reduced irregular arrivals while simultaneously undermining fundamental rights. Particular attention is devoted to judicial responses, including landmark rulings of the European Court of Human Rights and the Court of Justice of the European Union on pushbacks, search-and-rescue obligations, and Dublin transfers. The findings reveal that EU practices often stand in tension with the consolidated interpretation of non-refoulement, and that enforcement gaps persist despite the principle’s recognition as binding and non-derogable. The thesis concludes that safeguarding non-refoulement is not only a legal obligation but also a moral imperative for the EU, essential to preserving its foundational values of human dignity, human rights, and the rule of law.