Treatment of Foreigners under International Law

State obligations towards foreigners Negative obligations E.g.: judgments Constitutional Court 278/1992 e 131/2001 Positive obligations (preventive and repressive measures)

Admission of foreigners No «right to immigrate» Limitation: international human rights law E.g.: Right to Respect of Family Life (Sen v. the Netherlands, Tuquabo- Tekle et al. v. the Netherlands)

Expulsion of foreigners Art. 3 UNCAT: «11. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. 2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights. .

Expulsion of Foreigners European Convention on Human Rights Art. 2(1): «1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law». Art. 3: «No one shall be subjected to torture or to inhuman or degrading treatment or punishment». Art. 8: «1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others».

Expulsion of Foreigners Limitations to state sovereignty in relation to the expulsion of foreigners Art. 3: Saadi v. Italy (28 February 2012) Art. 8: Moustaquim v. Belgium (18 February 2001), Berisha v. Switzerland (30 July 2013)

Refugee Protection in International Law Geneva Convention (1951) and Protocol (1967) on Refugees: - Asylum Seekers - Refugees - Subsidiary Protection (e.g. Directive 2004/83/EC)

Refugee Protection in International Law Non refoulement principle: Art. 33(1) Geneva Convention on Refugees: «1. No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. 2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country».

Protection of Refugees in International Law Judgment Hirsi v. Italy (European Court of Human Rights, 23 February 2012): - Italian jurisdiction? - Bilateral agreements and Art. 3 ECHR breaches Prohibition of collective expulsion under Art. 4 Prot. No. 4 CEDU – extraterritorial application?