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Effective Remedies in Immigration Procedures: ECHR

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Chapter Summary

This chapter focuses on the right to legal remedies in immigration law procedures. It is clear that the use of SIS, as well as the use of Eurodac and VIS, involve decisions in the field of immigration law. The information stored in these databases may lead to the refusal of admission or a visa, the detention of the immigrant, or even his or her expulsion. Considering this use of databases for border and immigration control, the chapter explores which criteria apply to the remedies in immigration law procedures. Which human rights as protected in the European Convention on Human Rights (ECHR) and the annexed protocols are relevant for the individual at stake and when does this imply a right to a fair trial or effective remedies? The chapter then provides a brief overview of the case law of the ECtHR with regard to the underlying subject.

Keywords: Eurodac; European Convention on Human Rights (ECHR); immigration law; Schengen Information System (SIS); Visa Information System (VIS)



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