Hathaway, James C. Author aut Text xx# 2016 Verfassungsblog 2016-03-12 eng

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Reactions to the proposed “refugee swap” between the EU and Turkey have been predictably absolutist. On the one hand, most advocates have opposed the draft arrangement, asserting some combination of the right of refugees to be protected where they choose and/or that a protection swap would clearly breach the ECHR’s prohibition of “collective expulsion” of aliens. On the other hand, Professor Hailbronner argues against any right of refugees to make their own decisions about how to access protection, believes that refugees may be penalized if arriving in the EU “without the necessary documents,” suggests that it does not matter that Turkey is not relevantly a party to the Refugee Convention, and confidently asserts that there is no basis to see the prohibition of “collective expulsion” as engaged here. As usual, the truth is somewhere in the middle. CC BY-NC-ND 4.0 Hathaway, James C. funded by the government Collective Expulsion EU-Turkey Deal Geneva Refugee Convention Kay Hailbronner Refugee Protection 342 https://staging.verfassungsblog.de/taking-refugee-rights-seriously-a-reply-to-professor-hailbronner/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20160314-095252 160312 10.17176/20160314-095252 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)