The Law Against the Rights. A Comment on the Judgement "N.D. and N.T. vs. Spain" of the European Court of Human Rights

Abstract

This article carries out an analysis of the Case N.D. and N.T. vs. Spain, issued by the European Court of Human Rights on 13 February 2020. In this resolution, the court examines whether the expulsion of two citizens, one a Malian national and the other an Ivorian national, is in conformity with the European Convention on Human Rights. The text critically examines both the assessment of the facts on which the judgment is based to be qualified, and the consistency of the legal bases with some basic rules of International Human Rights law, in particular regarding some provisions of the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as well as the following basic legal categories: border, expulsion, principle of non-refoulement. From there, the limits that this decision authorises to the exercise of the right of non-nationals to seek international protection through correct and individualised assessment procedures are examined.