Abstract
Implementation of standards of the european convention on human rights regarding forced removal of aliens in the European Union law
Highlights
The global migration crisis taking place in the world and especially within the European Union provokes debates regarding the necessity to change the current approaches to the regulation of migration issues
The aim of the present article is to evaluate the implementation of standards of the European Convention on Human Rights regarding forced removal of aliens in the European Union law and to suggest measures to ensure compliance with the Convention guarantees in case of detecting any problematic issues
The ECtHR has found violations of the Convention by the EU member states in a number of cases concerning the application of the EU law in the migration context, all these violations were rather caused by exercising of discretionary powers by the member states than resulted from the content of the EU law itself
Summary
The global migration crisis taking place in the world and especially within the European Union provokes debates regarding the necessity to change the current approaches to the regulation of migration issues. The standards of the European Convention on Human Rights regarding forced removal of aliens have been successfully implemented in the European Union law despite certain originality of how the Convention guarantees are incorporated to the EU legal order in general. This is confirmed, among other things, by the fact that the ECtHR has never come to a conclusion that the presumption of equivalent protection granted by the EU law was rebutted in any cases regarding forced removal of aliens. Хартия (ст. 19) прямо запрещает высылку иностранных граждан в государства, где им угрожает
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