| Abstract [eng] |
Master's thesis analyses the interaction between international and national law in regulating the rights of refugees and irregular migrants. The main focus is on the exclusion of the refugee and irregular migrant concept, the application of international migration principles, the compatibility of the Lithuanian legal system with international standards, and the challenges of European Union migration regulation. The paper starts with an analysis of the concept of refugee as defined in the Geneva Convention and its differences from the status of irregular migrant. A refugee is a person fleeing persecution on the grounds of race, religion, political opinion or other grounds, while an irregular migrant is a person who violates migration rules. Although the concepts are clear, in practice they are manipulated to restrict access to protection Essential international principles such as non-refoulement, non-discrimination and protection of human dignity are often not implemented. Further analysis of the legal literature concludes that Lithuania's legal framework, the Law on the Legal Status of Aliens, came under criticism during the migration crisis of 2021, when measures of collective rejection and automatic detention were found to be unconstitutional under the Constitution, EU and international law. The final part of the paper examines the European Union's efforts to harmonise migration through the establishment of the new Migration and Asylum Pact, with the aim of unifying the asylum system and the sharing of responsibilities between Member States. However, while the Pact introduces structural innovations, its strict nature raises legitimate concerns about the protection of human rights. |
