An analysis of the recent jurisprudence of the European Court of Human Rights on irregular migratory movements due to clandestine entries

Abstract

In Europe, migratory movements have reached, in this new century, very high figures that have led to the implementation of controversial State measures. This, of course, has entailed the opening of many legal proceedings before the European Court of Human Rights. Consequently, we will analyze the sentence N.D. and N.T. v. Spain according to which we will conclude that the aforementioned judicial body has begun a regressive turn in the matter of the rights of migrants, distancing itself from the provisions previously made in the case Hirsi Jamaa et al. v. Italy. In this context, the case S.S. and others v. Italy will be brought, since it will allow us to anticipate the main considerations regarding the future ruling. Likewise, it should be indicated that in light of part of the facts surrounding this last matter, we will highlight the possibility of sustaining the pertinent international responsibility; this is not a trivial question as it could reverse the change of the course recently undertaken.