The research is dedicated to exploring the legal consequences of interim measures, indicated by the European Court of Human Rights (“ECtHR”) to Poland, in the context of the 2021 migrant crisis at the Eastern EU border with Belarus. The analysis is based on the Court’s jurisprudence on legally and factually similar cases, with emphasis on the results of ignoring interim measures, in the breach of Article 34 (the right of individual application) of the European Convention on Human Rights. The article proposes an overview and examination of the situation, based on public data, and presents the positions of the parties involved, through the official statements of relevant actors (ministers, charges d'affaires, prominent civil servants). The study of similar cases M.K. and Others v. Poland and D.A. and Others v. Poland indicates a pattern of ineffectiveness of interim measures as well as one of non-compliance on behalf of Poland, pointing to growing concern over the observance of the human rights of migrants.
Legal Consequences of Interim Measures Indicated by the ECtHR to Poland, in the 2021 EUBelarus Border Crisis
CERNICOVA-DRAGOMIR, TATIANA-MARIA
2022-01-01
Abstract
The research is dedicated to exploring the legal consequences of interim measures, indicated by the European Court of Human Rights (“ECtHR”) to Poland, in the context of the 2021 migrant crisis at the Eastern EU border with Belarus. The analysis is based on the Court’s jurisprudence on legally and factually similar cases, with emphasis on the results of ignoring interim measures, in the breach of Article 34 (the right of individual application) of the European Convention on Human Rights. The article proposes an overview and examination of the situation, based on public data, and presents the positions of the parties involved, through the official statements of relevant actors (ministers, charges d'affaires, prominent civil servants). The study of similar cases M.K. and Others v. Poland and D.A. and Others v. Poland indicates a pattern of ineffectiveness of interim measures as well as one of non-compliance on behalf of Poland, pointing to growing concern over the observance of the human rights of migrants.| File | Dimensione | Formato | |
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Cernicova - Legal consequences of interim measures indicated by the ECtHR to Poland^J in the 2021 EU-Belarus border crisis.pdf
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