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Staying the Return of Aliens from Europe through Interim Measures: The Case-law of the European Commission and the European Court of Human Rights

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image of European Journal of Migration and Law

The Strasbourg case-law demonstrates a clear tendency to protect aliens through interim measures in case of imminent deportation. Usually but not uniquely those persons claim(ed) before the supervisory organs to be in a situation of extreme gravity in case of forcible return to their country of origin because they can be subject to the death penalty, life imprisonment, persecution for their political activities, deprived of medicine/adequate medical treatment. This contribution explores which typologies of cases have led the European Commission and Court to apply interim measures in those situations, as well as which rights and freedoms have been protected thereby.

Affiliations: 1: Netherlands Institute of Human Rights, Utrecht University Utrecht The Netherlands; 2: Human Rights Centre, Ghent University Ghent Belgium


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