The case of Muhammad and Muhammad v. Romania: the first Grand Chamber judgment on article 1 of Protocol Nr. 7 ECHR (procedural safeguards with regard to expulsion of aliens)

By Bahija Aarrass (Assistant professor of administrative and migration law at the Open University Netherlands)

In the judgment in the case of Muhammad and Muhammad v. Romania, the Grand Chamber  of the European Court of Human Rights held that there had been a violation of Article 1 of Protocol No. 7 of the ECHR, which provides for procedural safeguards relating to the expulsion of aliens. The case concerned proceedings as a result of which the applicants, Pakistani nationals living lawfully in Romania as students, were declared undesirable and deported on the basis of national security reasons. They allegedly engaged in activities in support of a fundamentalist Islamist group linked ideologically to al-Qaeda. The Court has previously dealt with numerous cases concerning expulsion of aliens because of vague ‘national security reasons’. But this is the first judgment of the Grand Chamber in which this provision has been dealt with substantively. It resulted in an elaborate judgment laying down several principles for the assessment of national procedures relating to the expulsion of aliens.

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