Blurred lines: the European court of human rights and jurisprudential confusion at the border

Abstract This article examines the jurisprudence of the European Court of Human Rights in relation to the prohibition of collective expulsion, enshrined in Article 4 of Protocol No. 4. In the midst of the European ‘migrant crisis’, the Court has handed down confusing and contradictory rulings in relation to this obligation, which in effect allows states to subvert the intended protection. The nature of European borders has evolved, characterized by increased securitization and extraterritorial enforcement, which comes at the expense of humanitarian obligations, and unclear guidance from the Court serves to further imperil the protection of migrants’ human rights.