This article examines challenges for human rights arising when the European Union uses specific migration policy instruments. Since the late 1990s, the EU has been developing a set of measures to counter irregular migration, shifting the responsibility to third countries. The recent crisis of the Common European Asylum System has provoked the adoption of a series of exceptional measures for efficient governance of forced migration. As a result, a number of fundamental rights enshrined in the European Convention on Human Rights (ECoHR) and the protocols thereto, in the Geneva Convention on refugees, and in the Charter of Fundamental Rights of the EU come under threat. This paper analyzes case law of the European Court of Human Rights (ECtHR) and of the CJEU on the application of human rights provisions in the context of EU governance of forced migration. The paper argues that for the EU, priorities of forced migration governance are shifting to security issues, and extraterritorial control prevails over internal instruments. It also emphasizes gradual normalization of temporary and exceptional measures undermining the image of the EU as a global human rights actor.
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