Sayfa 350IV.Concluding Remarks with Unresolved Questions
Refugees are already narrated as both villains and victims by conservative rhetoric.…
Considering refugees are double victimised by the conservative discourse and at the…
As is understood, this paper did not attempt to provide an indefinite procedural…
Upon evaluating the culpable conduct test with links to collective expulsion prohibition,…
• Does the culpable conduct exception aim to dictate refugees’ conduct for the time,…
• Would this approach lead to descriptions of refugees as disruptive ones who use…
• Would such an approach feed into prejudice more and shake the mechanisms that activate…
• The Court also leaves the scope of the term -use of force- allegedly employed…
Drawing upon the questions mentioned earlier, indeed culpable conduct test ignores…
At the beginning of this paper, the analysis narrated the Court’s understanding of…
Indeed, the applicants in N.D. and N.T. v. Spain also discussed that Spain’s way of preventing asylum applicants from utilising pushbacks resulting in collective expulsion has been systematic. “[T]his situation reflected a systematic policy of removing migrants without prior identification, which had been devoid of legal basis at the relevant time”.
But the Court reasoned more with the claims presented by Spain about its border security…
States have often put forward border security concerns with links to migration and…
On the other hand, the Court confirmed the importance of non-refoulement in collective…
in this category of cases, [it] is aimed at maintaining the possibility, for each of the aliens concerned, to assert a risk of treatment which is incompatible with the Convention – and in particular with Article 3 – in the event of his or her return and, for the authorities, to avoid exposing anyone who may have an arguable claim to that effect to such a risk. Therefore, Article 4 of Protocol No. 4 requires the State authorities to ensure that each of the aliens concerned has a genuine and effective possibility of submitting arguments against their expulsion […].…
The above statement of the Court may lead to a coordinated evaluation of Article…
Concerning Article 4 of Protocol No 4, this provision ensures persons’ expulsion…
Nevertheless, according to the ECtHR’s interpretation, the non-refoulement principle…
Indeed one may insist that a sovereign owes no right of entry to aliens, even if…
EN
TR
