How the ECHR Took on the Power to Suspend Expulsions
How the ECHR Took on the Power to Suspend Expulsions
The European Court of Human Rights (hereinafter “ECHR” or “Court”) has developed a vast body of case law in support of the rights and freedoms of foreigners present in the territory of a State party to the European Convention on Human Rights (hereinafter “European Convention” or “Convention”), or placed under its responsibility, aimed in particular at preventing their expulsion if this might infringe their rights guaranteed under the said Convention. However, the protection afforded to foreign nationals is only effective because the Court has the power to suspend contentious expulsion proceedings. From the ECHR’s point of view, it appeared essential to have the power to oblige States to suspend such expulsions, pending its judgment on the merits. The Court can order the State to suspend an expulsion using a procedure known as “provisional measures” or “precautionary measures.”
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