The Compatibility of the EU-Turkey Statement with EU Law and International Human Rights Law

Abstract The EU-Turkey Statement of 18 March 2016 was introduced in response to increased migration from Turkey to the EU via Greece and the Western Balkans. This article critically examines the Statement’s compatibility with binding EU and international human rights standards, particularly focusing on the principles of non-refoulement and the prohibition of collective expulsion. It argues that the arrangement enables the return of asylum-seekers to Türkiye without adequate procedural safeguards, notably individual assessments of asylum claims. Additionally, the analysis questions Türkiye’s designation as a safe third country, highlighting risks of asylum-seekers being returned to conditions inconsistent with protections under the 1951 Refugee Convention and the European Convention on Human Rights. Drawing on jurisprudence from the European Court of Human Rights, the Court of Justice of the EU, and recent developments under the EU’s New Pact on Migration and Asylum, the article challenges the Statement’s legal validity and its human rights implications.