INTERIM MEASURES IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS, WITH SPECIFIC REFERENCE TO THE POSITION OF MIGRANTS
INTERIM MEASURES IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS, WITH SPECIFIC REFERENCE TO THE POSITION OF MIGRANTS

Summary/Abstract: The phrase "we are all migrants", which is often used to highlight the universal human experience of migration and the search for a better life, encapsulates the full scope of the migrant issue. While seemingly simple, it underscores the complexity of the legal challenges surrounding migrant-related issues. The term "migrants", as defined by the International Organization for Migration, encompasses a wide range of legal issues. The protection they require is often urgent, aimed at safeguarding their fundamental rights. Consequently, it is not surprising that a significant number of interim measures issued by the European Court of Human Rights (ECtHR) concern the protection of migrants. This paper critically analyzes the procedure for issuing interim measures before the ECtHR, with specific reference to those issued against the Republic of Serbia in cases involving migrants. Prior to discussing the rules and practices of the ECtHR, the paper will provide an overview of the legal procedure in Serbia concerning the issuance of interim measures, followed by an analysis of Article 39 of the Court Rules of Procedure. Finally, the paper will address the consequences of failing to comply with the ECtHR orders on interim measures, highlighting critical points raised in previous cases.

• Details
• Contents