A game of change: The value of abuse of rights in the European asylum sector

Abstract: This research aims to control and verify the concept of abuse of rights within the Common European Asylum System (CEAS) as a legal foundation that represents the provisions for the limits and access to the right of asylum. The notion of the right to asylum through the jurisprudence of the Court of Justice of the European Union (CJEU) has manifested the abuse of law as a concept of law of the Union through the perspective of international law that deepens from a subjective point of view and identifies its legal position. From an objective point of view, the definition of the same content in the topic of abuse of rights, within the system of the CEAS seeks to identify the prohibition of abuse through application results where the abusive conduct grants the right of asylum in the status and to individual level, as two distinct patterns responsible for abuse at domestic and European level. We must investigate the legal basis for the abuse of rights in the context of the CEAS by evaluating and checking the legislative instruments that in recent years continue to place limits on the exercise of the right to asylum. These are justified exclusively through the European institutions as a ratio that lays the foundations for legal instruments that seek to regulate this sector.