The special regime for border in Ceuta and Melilla : a critical analysis of the regularization of border rejection under international law
Magazine: Ordine internazionale e diritti umani
Date de publication: 2023
Pages: 27-48
ISSN: 2284-3531
Thématique: Derecho internacional, Droit international, Diritto internazionale, International law
Résumé: The purpose of our article is to provide a critical analysis, based on international law, of the special regime for border control in the cities of Ceuta and Melilla, as well as of the rulings handed down by the Spanish Constitutional Court and the European Court of Human Rights endorsing said regime. In this respect, we will review the main legal arguments maintained by the Spanish government and by both courts in order to justify them. The objective of our study will be, in short, to analyze the lights and shadows of this type of practice in relation to the protection of the rights of irregular migrants