The EU‐Turkey‐'deal': Legal Challenges and Pitfalls

The EU‐Turkey “deal”, based on the Joint Action Plan (JAP) between the European Union (EU) and Turkey, raises fundamental questions on the range of European asylum law as well as on the scope of the safe third country concept, which has turned out to serve as a political master key to “solve” the problems of the so‐called “refugee crisis” in Europe. This article discusses the legal possibilities of the application of the concept as well as its limitations regarding the human rights orientation of European and international law, focusing on the evolvement and legal implementation of the “Merkel Plan”. The legal analysis also focusses on recent ideas to make new “deals” with third states such as Libya. It concludes with a critical but differentiated(?) acclaim of the controversial externalizing policy approach.