The principle of non-refoulment in the European realm A paradigm of judicial dialogue between the ECtHR and CJEU or the epitome of cacophonic polyphony

Abstract

The troubled history and evolution of non-refoulement mirrors a reluctance of sovereign states at the time of the drafting of the Conventions to allow for a self-standing right to asylum, coupled with the duty to offer it by allowing admission, which has been consistently rejected from the Universal Declaration of Human Rights to the Geneva Convention of 1951 and succeeding legislative negotiations715. In that sense the sole mode stand discrete hauler, was the principle under examination, the other side of the coin which comes close, to a limited obligation to allow entry, as an expression of both non-rejection.