Pros and Cons of the EU–Turkey Refugee Deal and Why the Cons Prevail

Elbert, Ľudmila (2023) Pros and Cons of the EU–Turkey Refugee Deal and Why the Cons Prevail. LAW, IDENTITY AND VALUES, 3 (2). pp. 89-109. ISSN 2786-2542 (print); 2786-3840 (online)

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Abstract

The ‘EU–Turkey deal’ is a catchy nickname of the official document the ‘EU–Turkey Statement’; a result of meetings between EU and Turkey leaders. Although the EU–Turkey deal served as a basis for actions taken in relation to migration both on the side of the EU with its member states and on the side of Turkey, its legal nature remains questionable. Accusations emerged that the EU–Turkey deal resulted in the EU states’ failure to comply with the obligations in the field of human rights, particularly the rights of refugees. Yet, according to the judicial review, the individual member states are the ones responsible for implementing the EU–Turkey deal. The purpose of this article is to examine migration-related issues of the EU–Turkey deal. As the EU–Turkey Statement deals mainly with the status of Syrian refugees, legal implications of their status after the deal are one of the main subjects of this research. This article focuses primarily on the deal’s legal effects and its predominantly negative effects.

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