The Grand Chamber’s ruling in Khlaifia and Others v Italy: one step forward, one step back?

Guest post by Denise Venturi, PhD Student in International Law, Scuola Superiore Sant’Anna (Italy) and KU Leuven (Belgium)

On 15 December 2016 the Grand Chamber of the European Court of Human Rights (ECtHR) gave its much awaited ruling in the case Khlaifia and Others v Italy. The judgement follows a 2015 decision of the Second Section of the ECtHR that, in particular, found Italy – for the third time after Hirsi Jamaa and Others v Italy and Sharifi and Others v Italy and Greece – in breach of Article 4 of Protocol 4 to the European Convention on Human Rights (ECHR). The Chamber judgement was warmly welcomed by human rights advocators – and, besides, featured also in the Top Three of this blog’s poll for Best ECtHR Judgement for 2015 – as it upheld considerably the protection of migrants’ fundamental rights amidst the so called ‘refugee crisis’ in Europe.

It is questionable, however, whether the subsequent Grand Chamber’s ruling has been able to keep up the expectations raised by the first pronouncement of the Strasbourg Court. Due to the wealth of issues considered, it is not possible to conduct an in-depth examination of the Grand Chamber’s decision. Thus, this blog post is primarily aimed at providing only a concise analysis by focusing on the differences between the approach adopted by Strasbourg Court in the two judgements delivered in the Khalifia case.

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