ANATOMY OF SCALE. THE MIGRATION CRISIS IN EUROPE

What is it about?

This article explores the “anatomy of scale” and its relevance to the existing regimes of international protection for aliens. The crucial fact that determined the scope of this research was that in cases of a mass influx, the flow of the majority of people is caused by general factors (war, general violence). Thus, the application of existing international and EU standards to the “refugees from war” is analyzed, together with issues such as the type of protection granted to these persons and the scope of the principle of non-refoulement and non-rejection at the frontier. The article provides references to four regimes (refugee law, international human rights law, international humanitarian law and EU law); however, it concentrates on refugee law and human rights law. It first examines the definition of a “mass influx” and the future of temporary protection. It then discusses measures undertaken by the EU and by individual states, aimed at controlling large waves of migrants. In this part, particular attention is given to the issue of non-rejection at the border. The subsequent section outlines human rights standards concerning procedural guarantees and detention conditions. It seeks to demonstrate if the scale of the influx has affected, or may affect, existing standards and principles. In the final part such notions as general violence, differentiated risk and non-refoulement are discussed. This part is mostly based on the analysis of the case law of the European Court of Human Rights, the Committee against Torture and the Court of Justice of the European Union.

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Why is it important?

In the last years migration has been a major problem for European countries. Present article concentrates on the definition of a "mass influx" and the future of temporary protection in the EU.