folder VI.2.3.1 The EU’s External and Internal Borders

Main Debates

Are states entitled to prevent arrival at their borders of persons seeking protection?

Do the 1951 Geneva Convention and Article 3 of the ECHR create a right of access to territory?


Main Points

The claim to state sovereignty as regards the control of borders

Absence of a right to cross a border as such under international law

Borders in asylum regions


Editor’s note

See also the Gebremedhin v. France case in Section V.1.2 and the Prague Airport case in Section V.2.3.2.