Mapping EU Externalisation Devices through a Critical Eye

Abstract

The purpose of this article is to scope, map and critique EU externalisation devices in asylum law. The article first evaluates the internal dimension of externalisation in EU asylum law, with the Dublin system being an internal device of externalisation supported by the securitisation of asylum law. The article then maps EU border externalisation manifested in border violence and critically discusses judicial responses to it. Finally, the article scrutinises EU externalisation beyond its borders, as realised by the outsourcing of asylum responsibilities or border controls to non-European countries. EU externalisation is here studied in a multi-faceted way, taking stock of devices from across the spectrum of EU asylum law. It is argued that EU externalisation is wholly underpinned by a neo-colonial narrative of emergency and repulsion that is harmful to refugees as it does not sit comfortably with principles of refugee law or EU and international human rights law.