The European Court of Justice (ECJ) has been accused of being a judicially activist court in cases such as Van Gend en Loos and Costa v. ENEL. This behaviour has been studied extensively by...Show moreThe European Court of Justice (ECJ) has been accused of being a judicially activist court in cases such as Van Gend en Loos and Costa v. ENEL. This behaviour has been studied extensively by scholars. In recent years, the ECJ has made decisions in the area of Justice and Home Affairs. This thesis looks at the question: to what extent the court has acted in a judicially activist manner in this area through the analysis of three cases: Opinion 2/13, Melloni and Metock. A further aim of this thesis is to determine if certain methods have been used by the court to make its judicially activist behaviour acceptable to member states.Show less
On 18 March 2016, the EU – Turkey Statement was conducted by the heads of states or governments of the EU and Ahmed Davutoğlu, Turkish minister of foreign affairs, with the aim to control irregular...Show moreOn 18 March 2016, the EU – Turkey Statement was conducted by the heads of states or governments of the EU and Ahmed Davutoğlu, Turkish minister of foreign affairs, with the aim to control irregular migration from the Aegean Sea towards the European Union. Yet, concerns have been raised regarding the compliance of the EU – Turkey Statement with human rights. Human rights have to be respected in the EU member states as well as in Turkey. When Turkey does not respect these rights, it cannot be considered as safe. As long as Turkey cannot be considered as a safe third country, the EU – Turkey Statement will violate the law of the European Union. This would not only have consequences for the current Statement, but also for similar statements conducted in the near future in which the EU – Turkey Statement might serve as a blueprint for human rights violations. To that end, the aim of this thesis is to examine the compatibility of the EU – Turkey Statement with international and European law, based on human dignity, the right to asylum, the principle of non-refoulement and the assumption of Turkey as a safe third country. The legal examination resulted in the main findings that the EU – Turkey Statement shows malfunctions on the upholding of human rights in the European Union and that Turkey cannot be considered as a safe third country. This because Turkey is part of the Geneva Convention with geographical limitation, the absence for non-Europeans to be granted with asylum in Turkey, a history of violations concerning the non-refoulement principle and serious concerns for inhuman or degrading treatment. In other words, the EU – Turkey Statement is not in accordance with European law and does not safeguard human rights.Show less
The influx of irregular migrants in the Mediterranean has become one of the most challenging issues facing the EU today. The EU has an obligation under international law to protect those who are...Show moreThe influx of irregular migrants in the Mediterranean has become one of the most challenging issues facing the EU today. The EU has an obligation under international law to protect those who are not safe in their countries of origin. the issue of protecting those who are in need of the EU’s protection and in turn managing and controlling the EU’s external borders has become highly debated. The question of security in the matter of migration and asylum policy is almost symbiotic. This article examines the issue of security within migration and asylum policy through the Copenhagen School theory of securitization. Through the case study of the Lampedusa tragedy of 2013 the question of whether EU action taken following this tragedy contributes to the securitization of migration and asylum policy is examined.Show less
This thesis aims to explore the link between the individual and the social structures to which they belong. By exploring the subject of Solidarity as a word and a concept used by politicians of...Show moreThis thesis aims to explore the link between the individual and the social structures to which they belong. By exploring the subject of Solidarity as a word and a concept used by politicians of both persuasions and cemented in various legal systems, we aim to form an understanding of difficulties which may emerge from structures both physically and organizationally distant from the individual.Show less
This research examines if and to what extent the Bosphorus case and Opinion 2/13 have shifted the applicable jurisdiction away from the ECtHR and towards the CJEU. First, by reviewing the current...Show moreThis research examines if and to what extent the Bosphorus case and Opinion 2/13 have shifted the applicable jurisdiction away from the ECtHR and towards the CJEU. First, by reviewing the current literature on Bosphorus and Opinion 2/13. Second, by analysing on an individual basis if and to what extent both cases have shifted the applicable jurisdiction away from the ECtHR and towards the CJEU. Finally, this research concludes that only the Bosphorus case has shifted the applicable jurisdiction away from the ECtHR and towards the CJEU. Furthermore, this research concludes that with issuing Opinion 2/13, the CJEU made sure that the applicable jurisdiction would remain with the CJEU. The research ends with the observation that the EU is still required to accede to the EU and therefore, the CJEU has to make amends to eventually make it possible for the EU to accede to the ECHR.Show less
The Syrian civil war has been one of the most protracted and severe conflicts in the Middle East in recent decades. Through this conflict, Syria has become the hub in regional conflicts,...Show moreThe Syrian civil war has been one of the most protracted and severe conflicts in the Middle East in recent decades. Through this conflict, Syria has become the hub in regional conflicts, geopolitical strife and sectarian violence. This thesis examines the European Union's response to this complex conflict through a neorealist lens and a detailed discussion of European policy throughout the years.Show less
