Can I talk to the manager, please? Who is responsible? : Case: The Accountability of the EU within the Greek hotspots in the light of J.R. and others v. Greece

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http://urn.fi/URN:NBN:fi:hulib-202011194502
Title: Can I talk to the manager, please? Who is responsible? : Case: The Accountability of the EU within the Greek hotspots in the light of J.R. and others v. Greece
Author: Lindberg, Anna Marina Fiona
Other contributor: Helsingin yliopisto, Oikeustieteellinen tiedekunta
University of Helsinki, Faculty of Law
Helsingfors universitet, Juridiska fakulteten
Publisher: Helsingin yliopisto
Date: 2020
Language: eng
URI: http://urn.fi/URN:NBN:fi:hulib-202011194502
http://hdl.handle.net/10138/321674
Thesis level: master's thesis
Discipline: Kansainvälinen oikeus
International law
Folkrätt
Abstract: The European migrant crisis led to the implementation of the hotspots in Greece and Italy. The Greek hotspots were regulated by both the hotspot approach and the EU-Turkey Statement. After I had spent the spring and summer of 2016 at the Lepida hotspot on Leros, I wanted to study the structure of it more closely. Once the judgement of the European Court of Human Rights’ case J.R. and others v. Greece was published, I became interested in the accountability of the European Union within the hotspots. This thesis will therefore serve as an analysis of the hotspots in Greece and the scheme that lies behind them. The relationship of the European Union and the European Convention of Human Rights will be studied. The accountability of the European Union within the structure of the Greek hotspots will be analysed by using possible human rights violations assessed by the European Court of Human Rights as a sample. The first chapter presents naturally the personal aspect of the topic and the research questions as well as the method and structure of the thesis. The second chapter focuses on giving the reader an overview of the background that has given rise to the hotspots. Further focusing on the Greek hotspots solely. The hotspot approach and the EU-Turkey Statement are presented. The third chapter will dive into the EU’s protection of human rights. This topic will be presented in the light of the European Convention of Human Rights. Thus, the accession of the EU will be studied as well as the reality of the doctrine of equivalent protection. The European Court of Human Rights’ case J.R. and others v. Greece is the focus of the fourth chapter. I here also analyse the judgement of the case. The absence of the EU within the subject of responsibility of the Greek hotspots leads me further into the topic. The fifth chapter probes different accountability and responsibility theories of international organisation, in this case the EU. The theories are seen in the light of the human rights protection of the EU. The complexity of the topic shows that the EU cannot be held accountable for the human rights violations that are sampled. Finally, I conclude my thesis with my findings and recommendations towards further studies. The study reveals that the combination of the Greek hotspots and the accountability of the EU do not match within the structure that I have presented.


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