A Hole of Unclear Dimensions: Reading ND and NT v. Spain

Markard Nora

Zusammenfassung

On 13 February 2020, the Grand Chamber of the European Court of Human Rights rejected in N.D. & N.T. the complaint of two migrants who had been pushed back by Spanish border police to Morocco – overturning the 2017 Chamber judgment that found a breach of the prohibition of collective expulsion. An NGO observer commented that the Grand Chamber judgment “will be perceived as a carte blanche for violent push-backs everywhere in Europe ... Push-backs at the border to Morocco are a longstanding Spanish practice, which has become a model for other states along the European Union’s external land borders.” Less than three weeks later, as Turkish President Erdogan stops preventing migrants from trying to reach the EU, Greek border guards are shooting at and endangering migrant boats and using tear gas and rubber bullets against migrants at the land border. Turkey even reports that one Syrian has been fatally shot by Greek border police – a claim that Greece denies. Meanwhile, Greek police is not effectively protecting support workers from right-wing violence, leading some to suspend their operations. Hungary sees its anti-Muslim, anti-immigration policy ruling the day. Honi soit qui mal y pense? While the recent events in Greece are nothing less than shocking, EU Council President Croatia has been catching flack all winter for reports on its border policy, where migrants are beaten with sticks, including on their feet to prevent them from walking, burned with cigarette lighters, or submerged in the icy cold water of the river. So it is tempting to see a connection, but even if the events in Greece had nothing to do with the Grand Chamber judgment, has it become harder to criticise them as flagrant violations of international law? This very much depends on your reading.