Sketches of fairness in EU and international law. Focus on the asylum and migration pact

This article proposes a framework to understand questions of fairness in EU law. It builds on the scholarly literature on the meaning and scope of this concept, to then consider its relevance to legal orders and specifically the European Union’s. Having set out an umbrella definition of fairness as...

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Main Author: Leandro Mancano
Format: Article
Language:English
Published: Cambridge University Press
Series:European Law Open
Subjects:
Online Access:https://www.cambridge.org/core/product/identifier/S2752613525100192/type/journal_article
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author Leandro Mancano
author_facet Leandro Mancano
author_sort Leandro Mancano
collection DOAJ
description This article proposes a framework to understand questions of fairness in EU law. It builds on the scholarly literature on the meaning and scope of this concept, to then consider its relevance to legal orders and specifically the European Union’s. Having set out an umbrella definition of fairness as a legal principle, the article applies it to a specific example: namely, the system of border procedures introduced by the new asylum and migration pact. The objective of this paper is twofold. Firstly, it aims to provide a blueprint for discussing issues of fairness in the EU beyond a specific area of law and policy. Secondly, in concretely adapting that blueprint to the specificities of the ‘case study’ analysed in the paper, it sheds light on the degree of its (un)fairness.
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spelling doaj-art-d83dba2f13eb4e3bbbbd123748d959202025-07-14T07:48:10ZengCambridge University PressEuropean Law Open2752-613512410.1017/elo.2025.10019Sketches of fairness in EU and international law. Focus on the asylum and migration pactLeandro Mancano0https://orcid.org/0000-0003-3694-5914Edinburgh Law School, The University of Edinburgh, Edinburgh, UKThis article proposes a framework to understand questions of fairness in EU law. It builds on the scholarly literature on the meaning and scope of this concept, to then consider its relevance to legal orders and specifically the European Union’s. Having set out an umbrella definition of fairness as a legal principle, the article applies it to a specific example: namely, the system of border procedures introduced by the new asylum and migration pact. The objective of this paper is twofold. Firstly, it aims to provide a blueprint for discussing issues of fairness in the EU beyond a specific area of law and policy. Secondly, in concretely adapting that blueprint to the specificities of the ‘case study’ analysed in the paper, it sheds light on the degree of its (un)fairness.https://www.cambridge.org/core/product/identifier/S2752613525100192/type/journal_articlefairnessmigration and asylumright to libertyeffective protectionborders
spellingShingle Leandro Mancano
Sketches of fairness in EU and international law. Focus on the asylum and migration pact
European Law Open
fairness
migration and asylum
right to liberty
effective protection
borders
title Sketches of fairness in EU and international law. Focus on the asylum and migration pact
title_full Sketches of fairness in EU and international law. Focus on the asylum and migration pact
title_fullStr Sketches of fairness in EU and international law. Focus on the asylum and migration pact
title_full_unstemmed Sketches of fairness in EU and international law. Focus on the asylum and migration pact
title_short Sketches of fairness in EU and international law. Focus on the asylum and migration pact
title_sort sketches of fairness in eu and international law focus on the asylum and migration pact
topic fairness
migration and asylum
right to liberty
effective protection
borders
url https://www.cambridge.org/core/product/identifier/S2752613525100192/type/journal_article
work_keys_str_mv AT leandromancano sketchesoffairnessineuandinternationallawfocusontheasylumandmigrationpact