Complementary Pathways as “Genuine and Effective Access to Means of Legal Entry” in the Reasoning of the European Court of Human Rights
(2023) In European Journal of Migration and Law 25(2). p.200-225- Abstract
- Complementary pathways are often viewed as an entirely political matter. While
there is no legal obligation for states to introduce such, this article shows that their
presence or absence has a bearing on how the ECtHR assesses compliance with
the prohibition of collective expulsion of aliens. This concrete interaction between
complementary pathways and human rights law has been introduced through the
requirement of “genuine and effective access to means of legal entry” in the case law
of the ECtHR. This article clarifies this requirement and assesses its general signifi-
cance for the role of complementary pathways as a promotor of or a hindrance to
human rights protection.
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/8d191b5d-ee8d-454e-b8b0-1a97457aa1f1
- author
- Bratanova van Harten, Emiliya LU
- organization
- publishing date
- 2023-05-29
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Human rights, Mänskliga rättgheter
- in
- European Journal of Migration and Law
- volume
- 25
- issue
- 2
- pages
- 25 pages
- publisher
- Brill
- external identifiers
-
- scopus:85162147924
- ISSN
- 1388-364X
- language
- English
- LU publication?
- yes
- id
- 8d191b5d-ee8d-454e-b8b0-1a97457aa1f1
- alternative location
- https://brill.com/view/journals/emil/25/2/article-p200_4.xml
- date added to LUP
- 2023-05-31 20:28:43
- date last changed
- 2023-08-21 04:01:36
@article{8d191b5d-ee8d-454e-b8b0-1a97457aa1f1, abstract = {{Complementary pathways are often viewed as an entirely political matter. While <br/>there is no legal obligation for states to introduce such, this article shows that their <br/>presence or absence has a bearing on how the ECtHR assesses compliance with <br/>the prohibition of collective expulsion of aliens. This concrete interaction between <br/>complementary pathways and human rights law has been introduced through the <br/>requirement of “genuine and effective access to means of legal entry” in the case law <br/>of the ECtHR. This article clarifies this requirement and assesses its general signifi-<br/>cance for the role of complementary pathways as a promotor of or a hindrance to <br/>human rights protection.}}, author = {{Bratanova van Harten, Emiliya}}, issn = {{1388-364X}}, keywords = {{Human rights; Mänskliga rättgheter}}, language = {{eng}}, month = {{05}}, number = {{2}}, pages = {{200--225}}, publisher = {{Brill}}, series = {{European Journal of Migration and Law}}, title = {{Complementary Pathways as “Genuine and Effective Access to Means of Legal Entry” in the Reasoning of the European Court of Human Rights}}, url = {{https://brill.com/view/journals/emil/25/2/article-p200_4.xml}}, volume = {{25}}, year = {{2023}}, }