Notes and writings on data protection, administrative law, and the intersection of law and technology.
Part V — The Proportionality Test in the ECtHR’s Expulsion Jurisprudence
Introduction The preceding parts of this series have examined the substantive and procedural protections afforded by the Convention against expulsion: the absolute prohibition of refoulement under Article 3 (Part I); the protection of private and family life under Article 8 (Part II); the procedural safeguards under Articles 5, 13, and — where applicable — 6…
Part IV — Procedural Safeguards for “Settled Aliens” under Article 1 of Protocol No. 7 ECHR
Introduction The procedural safeguards examined in Part III — Articles 5, 13, and 6 ECHR — apply in principle to any foreign national facing expulsion. The Convention system, however, accords a further, more specific tier of procedural protection to a defined category of persons: aliens lawfully resident in the territory of a Contracting State. Article…
Part III — Procedural Safeguards: Detention under Article 5, Effective Remedy under Article 13, and Fair Trial Implications under Article 6
Introduction The preceding parts of this series have examined the substantive protections available to expelled foreign nationals under Articles 3 and 8 ECHR. Substantive protection, however, cannot operate in isolation: it must be accompanied by effective procedural safeguards enabling the individual to assert their rights in practice. An individual facing expulsion must not only know…
Part II — Private and Family Life under Article 8 ECHR
Introduction Part I of this series examined the absolute prohibition on expulsion under Article 3 ECHR and the operation of the non-refoulement principle. Article 3, however, addresses only one dimension of Convention protection against expulsion: the risk of ill-treatment in the receiving country. In many cases, expulsion engages a distinct and equally fundamental concern —…
Part I — The Non-Refoulement Principle under Article 3 ECHR
Introduction to the Series In international human rights law, the concept of “refugee” has not acquired a binding and uniform legal definition. Nevertheless, for the purposes of enjoying the fundamental rights guaranteed by the European Convention on Human Rights (ECHR), any person within the jurisdiction of a Contracting State — regardless of nationality — may…
Yavuz Fırat 