Stranieri trattenuti alle frontiere esterne dell’Unione: il quadro di garanzie individuato dalla Corte di giustizia e le sfide del Nuovo Patto sulle Migrazioni e l’Asilo

This Insight discusses the Court of Justice’s judgment of 14 May 2020 in the joined cases C-924/19 and C-925/19, which concerned two couples of asylum seekers detained in the Röszke transit zone, at the Hungarian-Serbian border. The analysis focuses on the approach followed by the Court, that has addressed several issues under EU asylum and return secondary law and recognised the importance of substantial and procedural guarantees in asylum and return procedures. It ascertains the relevance of recognition that the placement of migrants in transit zones at the external borders qualifies as a deprivation of liberty and thus has to comply with the guarantees of Reception Conditions and Return Directives. Finally, the Insight assesses the possible systemic implications of the ruling on the future developments of EU asylum law, especially against the proposals presented by the Commission in the new Pact on Migration and Asylum