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Fundamental Rights of Refugees, Asylum Applicants and Migrants at the European Borders

Fundamental Rights of Refugees, Asylum Applicants and Migrants at the European Borders

Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While exercising border control, states have a duty to protect the fundamental rights of all people under their jurisdiction, regardless of their nationality and/or legal status. Under EU law, this includes providing access to asylum procedures.


*References to Kosovo shall be understood to be in the context of United Nations Security Council resolution 1244 (1999).