Externalization and outsourcing of migration controls vs. human rights

Abstract

The aim of this article is twofold. On the one hand, it tries to expose the main elements of the European policies of dislocation and outsourcing of migratory controls and to describe the risks that such policies entail from the point of view of human rights and international and European norms on international protection. On the other hand, taking into account the serious risk of evasion of Rule of Law controls that such policies entail, it is attempted to find in the case law of European courts and, above all, the European Court of Human Rights, the elements that would allow rebuild the system of checks and balances so eluded.