Which Equality? Looking at Migrants’ Rights as a Mirror

The essay explores how equality is challenged within migration law and assesses how this principle influences the legal treatment of migrants, especially when it intersects with fundamental rights guarantees. It focuses on EU migration and asylum law, examining aspects such as free movement rights, social rights, irregular migration, “safe country” concepts, and temporary protection. It delves into whether the economic and security motivations underpinning EU law have been translated into the legal framework governing migration and asylum. The analysis indicates that this framework tends to favor the interests of the European Union and Member States, sometimes at the expense of migrants’ rights.