ABSTRACT

While examining EU policies on extraterritorial border controls, it is worth taking a quick overview of the recent decisions of the European Court of Justice vis-à-vis two aspects of EU externalization – i.e. the EU-Turkey orders (the General Court orders of 28 February 2017 and the European Court of Justice order of 12 September 2018 on appeal) and the Humanitarian Visa Judgment of 7 March 2017, in order to verify the actual role of the Luxembourg Court in ensuring that human rights – solemnly affirmed in the Treaty on the European Union both in general (Articles 2 and 6 TEU) and with specific regard to EU external action (Article 21 TEU) – are respected in such sensitive matters.