Politiche migratorie respingenti e controllo rafforzato delle frontiere: l’impatto sui diritti umani della gestione della crisi dei rifugiati nella giurisprudenza della Corte europea dei diritti dell’uomo

In the face of the increasing migratory pressure against the European external borders, many frontline EU Member States have reacted by adopting a repressive approach aimed at pushing back migrants and preventing their arrival. In particular, the EU and its Member States, in cooperation with specific third countries strategically located along the main migratory routes, have resorted to a “contact-less” strategy, characterized by a process of securitization and externalization of migration and border controls. Such response to the migratory flows raises a number of issues, especially in terms of compatibility with the human rights obligations stemming from EU and international law. This is clearly visible, in particular, by looking at the recent case-law of the European Court of Human Rights and, more specifically, at the decisions concerning expulsions of migrants, push-back and non-admission at borders, and the prohibition of collective expulsion of aliens. This article analyses this case-law, considering it as an instrument through which the European response to the so-called “migration crisis” may be measured and assessed.