Seeking Refuge in EU Delegations Abroad: A Legal Imbroglio Explored

Abstract

A diplomatic mission abroad can assist an individual in (temporarily) escaping a host State’s jurisdiction within the latter’s territory, especially when this individual has a well-founded fear for the violation of his fundamental rights. In such cases, EU Member States have occasionally opened the doors of their diplomatic premises for urgent humanitarian reasons. This working paper investigates which legal framework would apply if one of the Delegations of the European Union’s worldwide diplomatic network were to offer shelter. It explores whether the EU – as an actor in international law and being founded on the values of respect for human dignity and human rights − may be legally obliged to uphold an extraterritorial non-refoulement principle in a diplomatic context. Finally, the paper studies delicate issues such as offering protection through diplomatic means, cooperation modes set up with EU Member States, and the processing of individual cases.