Contra la normalización de la ilegalidad : la protección judicial de los extranjeros frente a las expulsiones colectivas y las devoluciones ?en caliente? | Against the Normalization of Illegality: the Judicial Protection of Foreigners Facing Collective Expulsions and Police ?Push-Backs?

摘要

The collective expulsion of foreigners, although prohibited by International Law, is a practice that has been systematically applied in the field of control of migration flows. In the case of Spain, on its southern land border, the so-called police "push-backs" have become widespread. The violations of rights entailed by these measures are incompatible with the European Convention for the Protection of Human Rights and Fundamental Freedoms, from which obligations derive for the States Parties. This paper proposes a critical analysis of the jurisprudence of the European Court of Human Rights to delimit when a collective expulsion occurs. This is intended to avoid the apparent normalization of a measure that is illegal and to insist on mechanisms that guarantee the rights of foreigners.