Work

The ECtHR jurisprudence on the prohibition of collective expulsion of aliens at land borders in the aftermath of N.D. and N.T. v Spain : Between deference and discipline

Year: 2025

Type: article

Abstract: Since 2020, the European Court of Human Rights (ECtHR) has dealt with an unprecedented number of applications concerning the prohibition of collective expulsion of aliens at land borders under Article 4 of Protocol No. 4 (A4-P4) of the European Convention on Human Rights (ECHR). Contrary to what might be expected after the Grand Chamber judgment in N.D. and N.T. v Spain – which introduced an ‘exception’ for land borders – most of those applications have led to unanimous findings of violation. In principle, this suggests that, after all, N.D. and N.T. has had a negligible impact on the subsequent jurisprudence, and that the ECtHR has embarked on a ‘migrant-friendly’ trend since. However, this paper critically reassesses and rebuts this suggestion. It argues that the ECtHR is simply holding Hungary and Poland (the States which have produced the most A4-P4 cases) to a different yardstick in order to ‘discipline’ them. This ‘disciplinary’ track of jurisprudence may not be sustained in light of the upcoming Grand Chamber judgments concerning the EU-Belarusian border.

Source: Netherlands Quarterly of Human Rights

DOI: 10.1177/09240519251365115

Author: Clara Bosch March

Institution: Ollscoil na Gaillimhe – University of Galway

Language: English

Topic: European and International Law Studies

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

Funders: University of Galway, Irish Research Council, Research Ireland