Limitations on the Expulsion of Aliens Imposed by the International Covenant on Civil and Political Rights
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5 LIMITATIONS ON THE EXPULSION OF ALIENS
IMPOSED BY THE INTERNATIONAL COVENANT
ON CIVIL AND POLITICAL RIGHTS
A Retrospect of 50 Years
Tamds Molndr*
5.1 INTRODUCTION
The increasing and globalizing migration of our days is a very diverse and complex phe-
nomenon, it has numerous causes and characteristic features. In 2016, an approximate
244 million people were affected by international migration on a global level,' which is
called the megatrend of the 21st century by the International Organization for Migra-
tion.2 From among the coercive measures taken against non-nationals (aliens), expulsion
of aliens by immigration authorities affect several million people all over the world every
year (only from the Member States of the European Union, an annual 400-500 thousand
illegally staying third country nationals were formally expelled in the past few years,3 and
of these, an annual 170-180 thousand people were actually returned by Member States).4
Consequently, we are witnessing a legal phenomenon that is regulated both by interna-
* Legal research officer on asylum, migration and borders, European Union Agency for Fundamental Rights,
Vienna; adjunct professor of public international law and EU migration law, Corvinus University of Buda-
pest, Institute of International Studies (currently on leave). This article was supported by the Jdnos Bolyai
Research Scholarship of the Hungarian Academy of Sciences. The views expressed in this chapter are solely
those of the author and its content does not necessarily represent the views or the position of the European
Union Agency for Fundamental Rights.
1 United Nations Department of Economic and Social Affairs/Population Division, Trends in International
Migrant Stock: The 2015 Revision. United Nations Database, POB/DB/MIG/StockfRev.2015, New York,
December 2015, <www.un.org/en/development/desa/population/migration/dataestimates2/docs/Migra-
tionStockDocumentation_2015.pdf> (01.11.2017).
2 Remarks - Mr. William Lacy Swing, Director General, International Organization for Migration To The
High-Level Dialogue on International Migration and Development of the 68th Session of the United Na-
tions General Assembly, Friday, 4 October 2013, United Nations Headquarters, New York, p. 1, <https://
papersmart.unmeetings.org/media2/158050/21e-international-organization-for-migration.pdf>
(01.11.2017).
3 European Commission: Return & readmission, <http://ec.europa.eu/dgs/home-affairs/ what-we-do/policies/
irregular-migration-return-policy/return-readmission/index en.htm> (01.11.2017).
4 In 2013, the EU Member States effectively removed some 166,470 illegally staying third country nationals
subject to a return decision [see Communication from the Commission to the European Parliament and the
Council, 5th Annual Report on Immigration and Asylum (2013), COM (2014) 288 final, Brussels, pp. 4-5],
while this figure was 186,630 in 2012 (the number of irregular migrants who were issued a return decision
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Limitations on the Expulsion of Aliens Imposed by the International Covenant on Civil and Political Rights
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