01 Jul Comparative Analysis of Greece and Italy’s Migration Policies: Compliance with the Principle of Non-Refoulment under International Law

Gülnur Yolcu

Sapienza University of Rome, Italy

Masters in European Studies, Law and Economics

E-mail: yolcu.2116992@studenti.uniroma1.it

Abstract

This article examines the extent to which Greece and Italy comply with the principle of non refoulement in their migration and asylum practices. The principle of non-refoulement, rooted in refugee and human rights law, prohibits the return of individuals to areas where they face threats to their life or liberty. Through comparative legal analysis, the study examines national policies, key judgments of the European Court of Human Rights (EctHR) case law and the implementation of EU asylum directives. Despite their obligations under the 1951 Refugee Convention and the European Convention on Human Rights (ECHR), both countries have been criticized for practices such as unlawful removals (pushback), inadequate asylum procedures, and reliance on controversial third-country agreements. These practices often do not provide individualized assessments or adequate safeguards, leading to potential violations of international obligations. The paper concludes with targeted policy recommendations aimed at improving both countries’ asylum systems, increasing procedural safeguards, and protecting asylum seekers at Europe’s borders.

READ THE FULL ARTICLE HERE (Page 35-46)

Keywords: non-refoulement, asylum law, Greece, Italy, EU migration policy, human rights, pushback