The Right to Seek Asylum in (Times of) Crisis: Finland as a Case Study

Sammanfattning

This thesis explores the right to seek asylum in the European Union (‘EU’) in situations where migration is used as a tool of political pressure - referred to as instrumentalization of migration. The analysis is grounded in Finland, focusing on its Eastern border with Russia where instrumentalized migration has recently occurred - as part of Russia’s broader strategy to destabilize and exert pressure on the EU and its Member States. While the thesis acknowledges the existence of legitimate security threats, it critically assesses the responses of both Finland and the EU to such instrumentalization. This thesis pays special attention to the tensions between national security imperatives and human rights obligations under international and EU law. It is argued that while the threat of instrumentalized migration may require heightened preparedness, overly restrictive or exceptionalist responses to instrumentalization risk undermining core asylum protections and set concerning precedents. Furthermore, this thesis discusses the broader context of the changed security environment in the EU and its impacts on the approach of the EU and its Member States towards irregular migration. With a focus on the Finnish-Russian border, this thesis contributes to the broader discourse on border security, human rights and the resilience of the EU’s legal order in times of new emerging challenges. This thesis concludes that while Member States must be able to respond to threats, such responses must remain consistent with the EU’s foundational values and legal commitments.