N.D. AND N.T. v. SPAIN

CourtThird Section (European Court of Human Rights)
Judgment Date03 October 2017
ECLIECLI:CE:ECHR:2017:1003JUD000867515
Respondent StateEspaña
Application Number8675/15;8697/15
CounselGERICKE C. ; BOYE TUSET G.
Applied Rules1;13;13+P4-4;34;35;35-1;35-3-a;41;P4-4
<a href="https://international.vlex.com/vid/convenio-europeo-libertades-fundamentales-67895138">ECHR</a>



GRAND CHAMBER

CASE OF N.D. AND N.T. v. SPAIN

(Applications nos. 8675/15 and 8697/15)







JUDGMENT


Art 4 P 4 • Prohibition of collective expulsion of aliens • Immediate and forcible return of aliens from a land border, following an attempt by a large number of migrants to cross it in an unauthorised manner and en masse • No distinction between non-admission and expulsion of aliens for the purposes of applicability of Art 4 P 4 • Availability of genuine and effective access to means of legal entry allowing to claim protection under Art 3 • Absence of cogent reasons for failure to use official entry procedures, which were based on objective facts for which the respondent State was responsible • Lack of individual removal decisions being a consequence of the applicants’ own conduct


STRASBOURG

13 February 2020






This judgment is final but it may be subject to editorial revision.

Table of contents

PROCEDURE 5

THE FACTS 8

I. THE BACKGROUND TO THE CASE 8

II. THE CIRCUMSTANCES OF THE CASE 9

A. Origins of the case 9

B. The events of 13 August 2014 9

C. The applicants’ subsequent entry into Spain 10

RELEVANT LEGAL FRAMEWORK AND PRACTICE 12

I. DOMESTIC LAW AND PRACTICE 12

A. Institutional Law no. 4/2000 of 11 January 2000 on the rights and freedoms of aliens in Spain and their social integration (“the LOEX”) 12

B. Law no. 12/2009 of 30 October 2009 on asylum and subsidiary protection 13

C. Royal Decree no. 203/1995 of 10 February 1995 (implementing regulations for the Law on asylum) 14

D. Royal Decree no. 557/2011 of 20 April 2011 (implementing regulations for the LOEX) 15

E. The Guardia Civil border control operations protocol of 26 February 2014 (as applicable at the relevant time), which introduced the term “operational border” 16

F. Circular letter to all Spanish ambassadors 17

G. The Spanish Ombudsperson’s Office 18

II. EUROPEAN UNION LAW 19

A. Treaty on European Union (as amended by the Treaty of Lisbon, which entered into...

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