Mitsilegas, Valsamis 
ORCID: 0000-0001-6424-7289 and Guild, Elspeth ORCID: 0000-0003-1593-9726
(2024)
The UK and the ECHR After Brexit: The Challenge of Immigration Control
EUROPEAN CONVENTION ON HUMAN RIGHTS LAW REVIEW, 5 (1).
pp. 116-131.
ISSN 2666-3228, 2666-3236
Abstract
This article examines the challenges that immigration control-related political imperatives in the United Kingdom (UK) have posed for UK compliance with the European Convention on Human Rights (ECHR) and evaluates the challenges that the UK's moving away from ECHR compliance pose for its post-Brexit relationship with the European Union (EU) and its member states. The contribution begins with an examination of the constitutional parameters of UK (non-)compliance with the ECHR in the field of immigration control and the implications of this for the post-Brexit arrangements with the EU and its member states. The contribution then focuses on substantive immigration and refugee law and the impact of the current situation on asylum transfer co-operation within and outside of the EU. Through these areas, the article examines how EU law has infiltrated the interpretation of the ECHR with the result of raising standards of protection for asylum seekers and migrants and hampering the exercise of state sovereignty in the field.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Brexit, immigration control, ECHR, refugee law, asylum law, human rights |
| Depositing User: | Symplectic Admin |
| Date Deposited: | 28 Aug 2024 13:14 |
| Last Modified: | 16 Jun 2026 07:14 |
| DOI: | 10.1163/26663236-bja10079 |
| Open Access URL: | http://dx.doi.org/10.1163/26663236-bja10079 |
| Related Websites: | |
| URI: | https://livrepository.liverpool.ac.uk/id/eprint/3184105 |
| Disclaimer: | The University of Liverpool is not responsible for content contained on other websites from links within repository metadata. Please contact us if you notice anything that appears incorrect or inappropriate. |
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