In Limbo: Divergent Conceptualisations of Ill-treatment by European Courts and the Creation of Non-removable Migrants

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Table of Contents: I. Introduction. – II. Art. 3 ECHR as an obstacle to deportation. – II.1. Soering and beyond: absolute protection under the ECHR. – II.2. From inflicted to situational risks: cases of illness and non-refoulement. – II.3. What next? Non-refoulement and non-removability. – III. The scope of subsidiary...

The Court of Justice, Genuine Disputes and Jurisdictional Control: Making Sense of Foglia II in Light of Its Dossier

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Table of Contents: I. Introduction. – II. The Foglia saga: towards jurisdictional control. – II.1. Foglia I and the facts leading to Foglia II. – II.2. Foglia II: main features and reception in the literature. – III. Paths not taken: reflecting on the dossier and its value. – III.1. A (lack of) genuine...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo