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

Silvia Borelli

Business & Management Research Institute (BMRI)

Research Output:

Contribution to journal

Article

Peer-review

Open access

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.

Publication Information

Output type

Research Output:

Contribution to journal

Article

Peer-review

Original language

English

Pages from-to (Number of pages)

Pages 236-245

Journal (Volume, Issue Number)

Diritti umani e diritto internazionale (Volume 2020, Issue 1)

Publication milestones

Accepted/In press - 20/02/2020
Published - 10/03/2020

Publication status

Published - 10/03/2020

ISSN

1971-7105

Publication IDs

handle.net: 10547/623896

Access to documents

10.12829/96817

Borelli_Osservatorio_DUDI_2020_postprint version.pdf

Accepted author manuscript, 237.36 KB

License:CC BY-NC-ND

https://www.rivisteweb.it/doi/10.12829/96817

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