The Role of Law in Migrant Marginalization in the EU: A Comparative Analysis of Legal Frameworks, Social Exclusion, Mental Anguish

Abstract

Migration remains a critical issue within the European Union (EU), where legal systems struggle to balance security, integration, and human rights. This study examines inconsistencies in theories, national laws, treaties, and accords that both protect and marginalize migrants. The Dublin Regulation and restrictive asylum policies disproportionately disadvantage refugees despite the EU Charter of Fundamental Rights and the Treaty on the Functioning of the European Union (TFEU) promoting equality. While the European Convention on Human Rights (ECHR) prohibits inhumane treatment, agreements like the EU-Turkey Deal prioritize border control over fundamental rights. The non-refoulement principle, enshrined in the 1951 Refugee Convention and ECHR, is frequently breached. Italy’s 2018 Decreto Sicurezza eliminated humanitarian protection, facilitated deportations, and criminalized NGO rescue efforts, leading to illegal pushbacks. Additionally, the Return Directive (2008/115/EC) criminalizes irregular migration, exacerbating social marginalization and restricting access to legal remedies, healthcare, and basic rights The study incorporates empirical data, such as trends in asylum applications and legal case outcomes, to support its analysis the rise of far-right governments in Italy, France, Hungary, and Poland has intensified anti-immigrant policies, border militarization, and the criminalization of humanitarian aid. Laws such as France’s Immigration Bill, Hungary’s “Stop Soros” bill, and Italy’s Decreto Sicurezza reinforce exclusionary practices and xenophobia. Migrants face employment restrictions, legal barriers, and increased mental health struggles. This paper argues that the EU must address contradictions in its legal framework, uphold migrant rights, and counter far-right policies through stronger legal protections, social integration measures, and governmental accountability to ensure a more inclusive migration system.