Externalizing EU Migration Control while Ignoring the Human Rights of Migrants: Is There Any Room for the International Responsibility of European States?

The aim of the zoom-in introduced by this paper is to discuss possible legal grounds for establishing the responsibility – whether direct, derivative or shared – of EU Member States for the internationally wrongful acts committed following the implementation of cooperative migration management instruments. As a matter of fact, the multiplicity of actors involved raises tricky questions as to the allocation of responsibility. In particular, with regard to the legal position of the European States, the degree of participation, as well as the nature and seriousness of the breach are among the relevant legal parameters to be carefully assessed.