The contribution analyses the long-awaited decision of the ECtHR on humanitarian visas related to the case M.N. and Others v. Belgium. It places the Court’s reasoning within the context of its case law on extraterritorial jurisdiction (under Art. 1 ECHR) and shows how the decision seems to restrict further the possibility to generate jurisdictional links between Parties and third-countries individuals “forced to” request asylum to flee persecution, but “prevented to” reach European borders. By looking at developments occurred in the context of other human rights mechanisms, the analysis suggests that the ECtHR could – and can – reach alternative, less formalistic, readings of jurisdiction in order to achieve a better balance between the Parties’ sovereign right to control the entry of aliens and individual protection needs.

DELVING INTO EXTRATERRITORIAL JURISDICTION IN THE EUROPEAN COURT OF HUMAN RIGHTS’ DECISION ON HUMANITARIAN VISAS

Carmelo Danisi
Primo
2021

Abstract

The contribution analyses the long-awaited decision of the ECtHR on humanitarian visas related to the case M.N. and Others v. Belgium. It places the Court’s reasoning within the context of its case law on extraterritorial jurisdiction (under Art. 1 ECHR) and shows how the decision seems to restrict further the possibility to generate jurisdictional links between Parties and third-countries individuals “forced to” request asylum to flee persecution, but “prevented to” reach European borders. By looking at developments occurred in the context of other human rights mechanisms, the analysis suggests that the ECtHR could – and can – reach alternative, less formalistic, readings of jurisdiction in order to achieve a better balance between the Parties’ sovereign right to control the entry of aliens and individual protection needs.
Carmelo Danisi
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11585/833832
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