TY  - JOUR
A1  - Pichl, Maximilian
A1  - Schmalz, Dana
T1  - "Unlawful" may not mean rightless
T2  - Verfassungsblog
N2  - Article 4 of Protocol No. 4 to the European Convention on Human Rights (ECHR) is short. Its title reads "Prohibition of collective expulsion of aliens", its text reads: "Collective expulsion of aliens is prohibited." It comes as a historical disappointment that the European Court of Human Rights (ECtHR) in its decision in the case N.D. and N.T. v. Spain from 13 February 2020 distorts this clear guarantee to exclude apparently "unlawful" migrants from its protection. The decision is a shock for the effective protection of rights in Europe and at its external borders. Consequently the Guardian titled that the Court is "under fire". Reading the majority opinion is at times a puzzling experience, to say the least.
KW  - border control
KW  - Collective Expulsion
KW  - Non Refoulement
KW  - Refugee Protection
Y1  - 2020
UR  - http://publikationen.ub.uni-frankfurt.de/frontdoor/index/index/docId/53663
UR  - https://nbn-resolving.org/urn:nbn:de:hebis:30:3-536630
N1  - LICENSED UNDER CC BY NC ND
IS  - 2020/2/14
SP  - 1
EP  - 6
PB  - Verfassungsblog.de
CY  - Berlin
ER  -