Articolul 1 Protocolul nr. 7. Garanții procedurale în cauzele care privesc expulzarea străinilor
Article 1 Protocol no. 7. Procedural safeguards in cases concerning the expulsion of foreigners

Summary/Abstract: The recent decision of the Grand Chamber is particularly important from the perspective of the examination that the European Court of Human Rights is making regarding the procedural guarantees that must be provided in a procedure for the expulsion of foreigners. To that end, the Court shall determine whether, in the light of the particular circumstances of the case, the limitations on the procedural rights of a foreigner have been duly justified by an independent competent authority. If so, the Court further examines whether, for the foreigner in question, the difficulties resulting from these limitations have been sufficiently offset by countervailing factors, in particular by procedural safeguards, in a way that ensures that the substance of the law itself is safeguarded. In an axiomatic wording, it is noted that the more limited the information that can be communicated to a foreigner, the more important the safeguards, and when the circumstances of a case reveal particularly important consequences for the situation of a foreigner, counterbalancing safeguards must be properly strengthened.

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