Despite widespread criticism, the 1951 Convention relating to the Status of Refugees is still the main binding instrument for the protection of refugees. The principle of non-refoulement is a central tenet of the Convention. The European Union and its member states are bound by the Convention and cannot invoke a difficult economic and social situation to sidestep their obligations. Despite this legal reality, there are many obstacles at the external borders of the European Union that are on the edge of what is considered lawful. Faced with this challenge, Europe is struggling to carve out a forward-looking position as it oscillates between discriminatory national measures and regrettable collective compromises.