Right to liberty; Article 5 ECHR; Immigration detention; Right to be informed; Habeas Corpus
Abstract :
[en] The paper delves into an analysis of the case-law of the European Court of Human Rights (ECtHR) concerning Article 5(2) of the European Convention on Human Rights (i.e., the right to be informed of the reasons for detention) in the context of immigration detention. The approach taken by the ECtHR seems to create a questionable differentiation in the extent of this guarantee, singling out foreigners and thereby compromising its fundamental attributes.
Disciplines :
Criminal law & procedure European & international law
Author, co-author :
BERNARDINI, Lorenzo ; University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL)
External co-authors :
no
Language :
English
Title :
The Right of 'Held' Migrants to be Informed About the Grounds for Detention: A Questionable Approach in Strasbourg?
Publication date :
July 2023
Main work title :
Immigration, Personal Liberty, Fundamental Rights
Author, co-author :
Coppetta, Maria Grazia; Università degli Studi di Urbino > Dipartimento di Giurisprudenza
