Legal Status of Irregular Migrants in Chosen Central European States With Special Consideration for Migration Crises

Tchórzewski, Mateusz (2024) Legal Status of Irregular Migrants in Chosen Central European States With Special Consideration for Migration Crises. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 5 (1). pp. 339-359. ISSN 2732-0707

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Abstract

This study discusses specific international and European Union laws that regulate the status of irregular migrants in the context of selected examples of migration crises, namely, the European refugee-migrant crisis of 2015 and the artificial refugee crisis at the European Union-Belarus border, the latter being an example of coercive engineered migration. The problem of externalisation of the Union’s migration governance to third countries is also considered from the point of view of effective protection of the human rights of migrants who cannot reach the territory of the states where they can benefit from such protection. The study attempts a general evaluation of the relevant legal framework from the perspective of its adequacy in addressing challenges stemming from particular types of migration crises. The scope of the study is limited to selected Central European states, as a number of them are affected by coercive engineered migration and (or) the refugee-migrant crisis. Selected relevant legal issues (statutory law, judgements of the Court of Justice of the European Union, and the European Court of Human Rights) in chosen states (Hungary, Poland, Romania, and Serbia) are also considered.

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