Le garanzie processulai avverso l'espulsione dello straniero nella Convenzione europea dei diritti umani

This study is meant to examine the protection ensured by the European Convention on Human Rights by means of proceedings against the expulsion of an alien. As a matter of fact, Strasbourg Court has on several occasions affirmed the fundamental role of the right to a fair process in a democratic society, but, so far, it has always denied the applicability of article 6 to proceedings concerning admission, residence and expulsion of aliens: This strict interpretation of article 6 is based, in our opinion, on arguments which cannot be fully shared. Therefore, after a brief survey of the ECHR provisions generally providing for protection to aliens, we are going first of all to critically examine the above mentioned case law dealing with article 6 and then to analyse when and under which conditions some procedural safeguards are in any case ensured, and if the overall protection provided by ECHR can be considered satisfactory. In fact, only when there exists a right to bring an action, accompanied by the necessary safeguards, there can be an effective protection of the substantial rights granted to immigrants both by national and by international and EC law.

Anna Liguori, Le garanzie processulai avverso l'espulsione dello straniero nella Convenzione europea dei diritti umani in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 2/2007, pp 263-304, DOI: