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Complementary Pathways as “Genuine and Effective Access to Means of Legal Entry” in the Reasoning of the European Court of Human Rights

Bratanova van Harten, Emiliya LU (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:
author
organization
publishing date
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}},
}