Entitlements to the rights recognised by international protection systems are accessible only to those who manage to reach the physical borders of the European Union. While the EU does have an existing regulation to safeguard the right to asylum, it only applies to people that have reached EU territory and place an asylum request. But it does not envisage the possibility of guaranteeing safe travel to Europe to search for protection. Left without any accessible legal alternatives and confronted with the increasing externalisation of EU migration control reaching far beyond European territory and the criminalisation of irregular migration, those in need of international protection are forced to resort to irregular ways to access it.

We all know the consequences of a lack of safe and legal access - exposing people in need to the arms of human smugglers, abuse and exploitation and let them die in the Mediterranean and the desert.

Background

In March 2017 the European Court of Justice (ECJ) ruled that the European Union member states are not obliged, under EU law, to grant humanitarian visas to people who wish to enter their territory to apply for asylum. However, member states are free to do so on the basis of their national laws. The ECJ has just missed a historic opportunity to reaffirm the EU's values and its commitment to fundamental rights. One more reason to remind them.