Judgement AA and others against North Macedonia: From the obvious to the unexpected

Kosevaliska, Olga and Nikodinovska Krstevska, Ana and Ivanova, Elena (2023) Judgement AA and others against North Macedonia: From the obvious to the unexpected. In: International Scientific Conference Law and social values Niš, 21 April 2023, Faculty of Law, University in Nis, Serbia. (Unpublished)

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Abstract

The mixed migration flows that affected Europe after 2015, and the fast-track solutions that were carried out by the affected countries in order to optimally deal with the challenges, did not bypass North Macedonia either. Namely, as a convenient transit area on the route to the countries of the European Union, Macedonia was a ground that had to be crossed as soon as possible. The documents that were brought from 2016 onwards made it difficult for migrants to enter and transit, so they relied on illegal mechanisms in order to continue their journey. The problems on the ground and human rights violations that happened in the meantime, were loudly presented by non-governmental organizations, media or testimonies from migrants, but few dared to engage in legal procedure before the available national or international bodies.
One of the few applications that was submitted to the European Court of Human Rights is the AA and others v. N. Macedonia, application from 2016. The applicants complained of an alleged violation of Article 4 of Protocol 4 of the European Convention on Human Rights, or the lack of individual decisions to expel migrants arriving in large groups where efficient and legal entry procedures were bypassed without compelling reasons and Article 13 in connection with Article 4 of Protocol 4, that is, the denial of the possibility for the applicants to legally challenge the expulsion due to their own illegal conduct. The judgment by the Court that was passed in April 2022, contained a decision that expanded the exception from the prohibition of collective expulsions created in the case of ND and NT v Spain, creating an avalanche of reactions that could have a huge effect in "paving" the way for using the available legal mechanisms by persons whose rights were violated or contested in the process. Therefore, this contribution will focus on the analysis of the judgement AA and others vs North Macedonia considering the Court’s reasoning concerning collective pushbacks and legal pathways.

Item Type:	Conference or Workshop Item (Lecture)
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Elena Maksimova
Date Deposited:	25 May 2023 08:32
Last Modified:	25 May 2023 08:32
URI:	https://eprints.ugd.edu.mk/id/eprint/31790

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