The doctrine of the European Court of Human Rights regarding automatic returns at the border: special reference to the judgment of october 3, 2017 against the Spanish State

Abstract

Some of the recent normative novelties introduced in the legislation of Foreigners show a tendency of restrictive character as far as the limitation of the entrance and permanence of foreigners, incorporating the possibility of rejecting the entrance in Spain of those people who tried to cross the border irregularly, being reflected in the tenth additional provision of the Organic Law on Foreigners, although, said precept also points out that the possibility of rejection must be done respecting in all cases the international human rights and international protection regulations of which Spain is part. On the contrary, the doctrine emanating from the European Court of Human Rights has shown a more guaranteed trajectory in order to ensure the rights of foreigners from the perspective of human rights. The objective of this paper is based on an analysis of the normative novelties incorporated in this respect to the immigration legislation, together with an overview of the more expansive jurisprudence emanating from the European Court of Human Rights. In this sense, the judgment of the European Court of Human Rights of Strasbourg of October 3, 2017 in the case of ND and NT against Spain, in relation to automatic refunds at the border, procedure in which the High Court has condemned, is particularly relevant. to the Spanish State when considering that the European norms of human rights were violated, and that it will be object of analysis in this work.