Moraru Lab

University of Bologna

Nord-Est (ITH) · Italy

ERC-funded
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ERC Starting Grant · 2022

Gatekeepers to International Refugee Law? – The Role of Courts in Shaping Access to Asylum

Pushbacks, walls, fences, detention measures and externalisation of asylum proceedings are the most widespread barriers that States around the globe implement to keep refugees out, and consequently prevent their access to international protection. In a global refugee context lacking an international court to interpret the 1951 Refugee Convention (RC), the burden of assessing the compatibility of these barriers with the RC lies on domestic and supranational courts. These separate jurisdictions are interpreting the same treaty, are often presented with similar factual circumstances, and have a duty to uphold the rule of law. Yet, we do not know if courts around the globe have systematically…

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