LES PRINCIPES REGISSANT L’EXPULSION DES ÉTRANGERS À LA LUMIÈRE DE LA JURISPRUDENCE DE LA CEDH, LA CIJ ET LA PRATIQUE DES ORGANES DE CONTRÔLE ONUSIENS

Expulsion as a measure for the removal of foreigners from a State is governed by number of principles, which must be respected by the State having resorted to expulsion. First, we note that a State has the power to expel a foreigner from its territory, because of its sovereign power on grounds of pu...

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Bibliographic Details
Published in:Studia Universitatis Babes-Bolyai. Studia Europaea 2021-07, Vol.66 (1), p.155-178
Main Author: Ntwali, Valery Iragi
Format: Article
Language:English
Subjects:
Laws, regulations and rules
National security
Torture
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Summary:Expulsion as a measure for the removal of foreigners from a State is governed by number of principles, which must be respected by the State having resorted to expulsion. First, we note that a State has the power to expel a foreigner from its territory, because of its sovereign power on grounds of public order, national security, or the illegal stay of the foreigner. But this expulsion is regulated by international law through a number of principles. However, the power of State in this matter is not unlimited. Thus, any decision to expel must be in accordance with the law, the State is not allowed to resort to collective expulsion, moreover, a State should only expel the foreigner to another State which is safe of origin which is safe, to prevent the foreigner from being subjected to torture.
ISSN:1224-8746
2065-9563
DOI:10.24193/subbeuropaea.2021.1.08