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21 Geo. Immigr. L.J. 111 (2006-2007)
Unlocking the Fortress: Protocol No. 11 and the Birth of Collective Expulsion Jurisprudence in the Council of Europe System

handle is hein.journals/geoimlj21 and id is 113 raw text is: NOTES UNLOCKING THE FORTRESS: PROTOCOL NO. 11 AND THE BIRTH OF COLLECTIVE EXPULSION JURISPRUDENCE IN THE COUNCIL OF EUROPE SYSTEM JACOB D. HOWLEY* I. INTRODUCTION ....................................... 111 II. LEGAL FRAMEWORK ................................... 113 A. Civil Procedure ............................... 113 B. Legal Authority and Standards on Collective Expulsion.. 114 II1. COLLECTIVE ExPuLSION CASE-LAW BEFORE PROTOCOL No. 11: THE COMMISSION ..................................... 116 IV. COLLECTIVE EXPULSION CASE-LAW AFTER PROTOCOL No. 11: THE COURT ......................................... 119 A . Early Cases .................................. 119 B. The Turnaround: Ionka v. Belgium ................ 122 C. 1onka's Progeny: Sulejmanovi6 and Other Cases ...... 125 V . CONCLUSION ..................................... 127 I. INTRODUCTION Political leaders have sought popular legitimacy at minorities' expense through- out recorded history. Political unrest, economic uncertainty, and social tensions continue to supply demagogues with tinder to inflame racism, paranoia, and xenophobia. These passions' aim and effect is to displace unempowered groups en masse, either by explicit governmental policy or indirectly, such as when a * Global Law Scholar and J.D. candidate, Georgetown University Law Center, 2007; B.A., Kenyon College, 2003. The author would like to dedicate this note to Dr. Patricia Simpson, who first encouraged him to research and write about Roma rights issues.

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