THE PLACE OF REFUGEE RIGHTS IN THE EUROPEAN LEGAL SYSTEM: INTEGRATION OF HUMAN RIGHTS PRINCIPLES

Аннотация

This article explores the position of refugee rights within the European legal system, analyzing how core human rights principles are integrated into laws and policies governing asylum and migration. It examines international legal obligations, particularly the 1951 Refugee Convention and the European Convention on Human Rights (ECHR), and their influence on European Union (EU) legislation and the jurisprudence of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The article also considers the impact of recent refugee crises on the evolution of legal norms and assesses whether the European legal framework sufficiently protects the rights of refugees, especially in the context of border controls, detention, non-refoulement, and socio-economic rights. Through doctrinal and comparative legal analysis, the paper argues for a more cohesive and rights- based approach to refugee protection in Europe. Keywords: Refugee rights, European legal system, human rights, European Union, ECHR, asylum, non-refoulement, ECtHR, migration law, international protection Introduction. The ongoing challenges posed by global displacement have placed refugee protection at the forefront of European legal and political discourse. In recent decades, the European legal system has become a pivotal arena for defining and defending refugee rights. As migration pressures increase due to armed conflicts, political persecution, and climate change, the legal mechanisms designed to safeguard the rights of refugees are being tested. This article investigates the integration of human rights principles into the European refugee protection regime. It focuses on the legal interplay between international refugee law and European human rights law, emphasizing the normative frameworks that guide states' obligations toward asylum seekers and refugees. Special attention is given to how the European Court of Human Rights and the Court of Justice of the European Union interpret and enforce such rights within the European context. 149 CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES International scientific-online conference The 1951 Refugee Convention and Its Relevance in Europe. The cornerstone of refugee protection is the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, which define a refugee and outline the rights and obligations of both refugees and host states. Although the Convention is an international treaty, it has been deeply embedded in European legal systems through national legislation and EU directives. One of the key principles is non-refoulement (Article 33), prohibiting the return of refugees to territories where their life or freedom would be threatened. This principle is considered a peremptory norm of international law and is reinforced in European human rights instruments. European Convention on Human Rights (ECHR). The ECHR, adopted in 1950 under the Council of Europe, does not directly regulate asylum but provides crucial human rights safeguards for everyone within the jurisdiction of its signatories, including refugees and asylum seekers. Article 3 (prohibition of torture), Article 5 (right to liberty and security), and Article 8 (right to private and family life) are particularly significant in asylum jurisprudence. The ECtHR has interpreted these rights in a manner that effectively supports refugee protection. For example, in M.S.S. v. Belgium and Greece, the Court found violations of Article 3 due to inhumane conditions faced by asylum seekers returned under the Dublin Regulation, thereby indirectly enforcing the non-refoulement principle. The Common European Asylum System. The CEAS represents the EU’s commitment to harmonizing asylum procedures and standards across member states. It comprises several key legal instruments: • Asylum Procedures Directive (2013/32/EU) • Reception Conditions Directive (2013/33/EU) • Qualification Directive (2011/95/EU) • Dublin III Regulation (604/2013) These instruments aim to ensure uniform standards for refugee status determination, reception conditions, and burden-sharing. However, disparities in implementation and systemic deficiencies in some states have undermined the effectiveness of the CEAS. The Charter of Fundamental Rights of the EU. The Charter, which became legally binding with the Lisbon Treaty in 2009, elevates human rights within the EU legal order. Article 18 explicitly guarantees the right to asylum in accordance with the 1951 Convention. Article 19 reinforces the non-refoulement principle 150 CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES International scientific-online conference by prohibiting collective expulsions and removals to countries where individuals risk serious harm. The CJEU has increasingly interpreted EU asylum law in light of the Charter, as seen in NS v. Secretary of State for the Home Department (C-411/10), where the Court ruled that member states must not transfer asylum seeke