The Binoculars at the Borders of Europe - On Evidentiary Rules and Human Rights Protection
De Coninck, Joyce
Author
aut
Text
xx#
2025
Verfassungsblog
2025-02-19
eng
A mere two months into 2025, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have dealt with no less than 7 cases concerning various types of alleged pushbacks at Europe’s borders. In each of these cases rules of evidence were and remain at the forefront of effective human rights protection. This contribution highlights how the defending duty-bearing parties sought to interpret the applicable rules of evidence to evade responsibility. It further argues that failure by the Courts to meaningfully interpret these rules in light of current-day realities and the principle of effectiveness could risk eroding the absolute human rights at the core of the European legal order.
CC BY-SA 4.0
De Coninck, Joyce
border control
border management
burden of proof
European Convention of Human Rights
pushbacks
342
https://verfassungsblog.de/binoculars-at-europes-borders/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.59704/9b1ea66b57a1d4e0
250219
10.59704/9b1ea66b57a1d4e0
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