I Seminari di Coesione e Diritto| Mass Migrations in the European Union: A Wave Through the Opinion of AG Sharpston in C-490/16
A discussion with Prof. Dr. Saša Zagorc | University of Ljubljana
Visiting Researcher, Law Department UniCT
Abstract
One of the trendiest words in recent times concerning mass migrations is unprecedented. It informs us, rightfully or not, that the migration situation deviates from the normal. While it is inherently true that “the greatest mass movement of persons across Europe since World War II”, as AG Sharpston describes it in Opinion C-490/16, goes beyond the ordinary, one needs to reflect if civil, political and legal reactions to it were unprecedented as well.
Can and should “normal-day” legal framework address adequately the massive influx of migrants?
In short, Opinion delves with the question which Member State is responsible for the determination of asylum request of an individual in the present case and to what extent do exceptional circumstances play part therein.
In my presentation, I do not intend to thoroughly engage in every aspect of the Opinion, which is extremely well crafted and informative. I will “wave through” it from the lens of the Slovenian scholar, in particular on topic of intertwining of EU asylum and migration legislation in the present case (especially, what constitutes “irregular crossing of border” and what should its consequences be).
In conclusion, I plan to discuss briefly the unfortunate legislative response of the National Assembly (amendment of the Aliens Act) in order to facilitate the prevention of mass migrations in Slovenia in future.
