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eu-charter

EU Charter of Fundamental Rights

Article 19 - Protection in the event of removal, expulsion or extradition

Article 19 - Protection in the event of removal, expulsion or extradition

1. Collective expulsions are prohibited.
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

    • Text:

      Paragraph 1 of this Article has the same meaning and scope as Article 4 of Protocol No 4 to the ECHR concerning collective expulsion. Its purpose is to guarantee that every decision is based on a specific examination and that no single measure can be taken to expel all persons having the nationality of a particular State (see also Article 13 of the Covenant on Civil and Political Rights).

      Paragraph 2 incorporates case law from the European Court of Human Rights regarding Article 3 of the ECHR (see Ahmed v. Austria, judgment of 17 December 1996, [1996] ECR VI-2206 and Soering, judgment of 7 July 1989).

      Source:
      Explanations relating to the Charter of Fundamental Rights
      Preamble - Explanations relating to the Charter of Fundamental Rights:
      These explanations were originally prepared under the authority of the Praesidium of the Convention which drafted the Charter of Fundamental Rights of the European Union. Although they do not as such have the status of law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter.
    • Centre public d’action sociale d’Ottignies-Louvain-la-Neuve v Moussa Abdida
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Advocate General Bot
      Type:
      Opinion
      Policy area:
      ECLI (European case law identifier):
    • Babar Ahmad and others v. the United Kingdom
      Decision date:
      Deciding body type:
      European Court of Human Rights
      Deciding body:
      Court (Fourth Section)
      Type:
      Decision
      Policy area:
      Justice, freedom and security
      ECLI (European case law identifier):
      ECLI:CE:ECHR:2012:0410JUD002402707
    • Hirsi Jamaa and Others v Italy
      Decision date:
      Deciding body type:
      European Court of Human Rights
      Deciding body:
      European Court of Human Rights
      Type:
      Decision
      Policy area:
      Irregular migration and return
      ECLI (European case law identifier):
      ECLI:CE:ECHR:2012:0223JUD002776509
    • Harkins and Edwards v the United Kingdom
      Decision date:
      Deciding body type:
      European Court of Human Rights
      Deciding body:
      European Court of Human Rights
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
    • N.S. v Secretary of State for the Home Department M.E. et al. v Refugee applications Commissioner et al.
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Grand Chamber)
      Type:
      Decision
      Policy area:
      Asylum and migration
      ECLI (European case law identifier):
      ECLI:EU:C:2011:865
    • Aydin Salahadin Abdulla and Others v Germany
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      European Court of Justice (Grand Chamber)
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:EU:C:2010:105
    • Meki Elgafaji, Noor Elgafaji v Staatssecretaris van Justitie
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      European Court of Justice (Grand Chamber)
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):

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