Migrations give rise to a conflict between the traditional international law and the international law on human rights. While the former is based on the notion of state sovereignty (i.e. on the power of each State to control the entry, stay and removal on aliens), the latter requires that migrants be treated as human beings (i.e. that their basic human rights be respected in any circumstances). The general international law addresses this conflict by distinguishing different categories of migrants: the highest level of protection is granted to refugees, there are some guarantees for migrant workers, but - on the contrary – there is only a scarce regulation of the status of undocumented migrants.

In Europe, there is an extensive regulation adopted within the European Union.  Also, the European Convention provides for several basic rights of all categories of migrants. Nevertheless, migrations have always produced human rights violations. The situation took a dramatic proportion considering the recent flood of refugees into Europe. Particularly, the border States (like Greece, Italy and Spain) are experiencing serious difficulties in copying with the problem.

This presentation is focused on the removal of aliens and addresses some situations where such removal (deportation of extradition) may conflict with the Convention guarantees:

-       removal which may expose a deportee to an inhuman and degrading treatment in the receiving country or put his/her life at risk;

-       removal of a lawfully residing alien, particularly a “second-generation” alien;

-       prohibition of the collective expulsion of aliens;

-       specific questions of extradition, also in respect of alleged terrorists.  

All those problems have been recently considered by the European Court of Human Rights due to the general rule that - as the Convention applies to everyone within the jurisdiction of any Member State - migrants (independently of their status) are also holders of almost all Convention rights. 

Judge Lech Garlicki has worked at the Warsaw University since 1968  (since 1987 as full professor), in the years 1980-1993 was member of the Warsaw Bar, in the years 1993-2001 judge of the Constitutional Court of Poland and in the years 2002-2012 judge of the European Court of Human Right (president of the 4^th Section in 2011-2012)

Judge Garlicki is vice-president of the International Association of Constitutional Law and one of the Founding Members of the European Law Institute. He is recently Pozen Visiting Professor of Human Rights at the University of Chicago and before served, as visiting professor, at the Tel Aviv University, Hong Kong University, Yale University, New York University and Washington University in Saint Louis

He lectured at numerous universities in Europe, the United States, Israel, Japan, China and Hong Kong. He is author or editor of over 300 publications in different languages, including a five-volume Commentary to the 1997 Constitution of Poland and two-volume Commentary to the European Convention on Human Rights.

This event is free and open to the public, but seating may be limited. Boxed lunches will be provided.