Art. 4 of Protocol No. 4 to the ECHR – Prohibition of Collective Expulsion of Aliens

• Author: Holger Böhmann

Speaker

Holger Böhmann is an administrative judge in Germany since 1996. After serving in the judiciary of the Federal State of Mecklenburg-Western Pomerania and in several national ministerial and international positions, he was elected as a Federal Judge in March 2016 and appointed as Judge at the Federal Administrative Court in June 2016.

Since October 2018, he is a member of the Senate in charge of asylum and migration law. He is the German national contact person of the Courts and Tribunals Network of the European Asylum Agency EUAA and is engaged in judges' training in administrative and migration law on the European level.

Since 2012, he is a Vice-President of the Association of European Administrative Judges (AEAJ) and co-chairs the Working Group on Asylum and Migration within this Association.

Topic

The speaker delves into a comprehensive exploration of the European Court of Human Rights (ECtHR) case law that pertains to the prohibition of collective expulsion of aliens as stipulated in Article 4 of Protocol No. 4 to the European Convention on Human Rights (ECHR). Throughout the presentation, the audience is guided through an intricate analysis, commencing with the elucidation of the fundamental concept of "collective expulsion." This foundational understanding serves as the cornerstone for the subsequent examination of notable ECtHR rulings and their implications.

Collective expulsion, as defined within the context of Article 4 of Protocol No. 4 to the ECHR, refers to the involuntary expulsion or deportation of a group of aliens as a whole, rather than assessing each individual's case on its own merits. The speaker underscores the significance of this concept, emphasizing the core principle that human rights are inherently individual and must be upheld for each person, regardless of their immigration status.

As the speaker progresses through the presentation, they meticulously dissect various ECtHR case law examples that have grappled with the prohibition of collective expulsion. These real-world cases, drawn from the Court's extensive jurisprudence, illustrate the intricate challenges faced by the ECtHR in maintaining the...