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Dimitry Kochenov, Sarah Ganty: EU Lawlessness Law: Europe’s Passport Apartheid From Indifference To Torture and Killing

“We explain how EU lawlessness law operates, how the EU pays for it, how it passes legal scrutiny and what its objectives are,” Dimitry Kochenov, lead researcher of our Rule of Law workgroup and Research Affiliate Sarah Ganty write in their Jean Monnet Working Paper.

The authors take a close look at “the most important legal techniques deployed by the European Union to make sure that the whole spectrum of denying non-citizens rights – from dignity to the right to life – is never presented as a violation of EU law even in the cases when dozens of thousands are hunted and detained by proxies while the Mediterranean has been turned by EU’s and Member States’ incessant efforts into a mass grave.”

Making this possible is the work of what the authors term “EU lawlessness law.” They outline “why it is a grave violation of EU values and why deploying legality to ensure that the most significant rights are turned into fiction is an affront to the Rule of Law.”

“To present a complete picture of EU lawlessness law, we delve into the treatment of non-Europeans both inside and outside the Union,” they write.

Read the full paper here.

Cover photo: illustration. Source: Irish Defence Forces (CC BY 2.0)
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