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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Cambridge University Press
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Series: | European Law Open |
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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. |
format | Article |
id | doaj-art-d83dba2f13eb4e3bbbbd123748d95920 |
institution | Matheson Library |
issn | 2752-6135 |
language | English |
publisher | Cambridge University Press |
record_format | Article |
series | European Law Open |
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 |