Abstract

On the 3rd of May, the Rome Tribunal accepted the complaint lodged by the Ministry of Interior against the interim measure with which, last January, the same Court declared the illegitimacy of the procedure of migrants and asylum seekers informal readmission in Slovenia, because of the violation inter alia of the principle of non-refoulement. Despite the negative outcome for the asylum seekers, the order of the complaint did not refute the reasoning of the judge of the first instance who, for the first time, recognized the entry protection by issuing an urgent precautionary measure. This contribution focuses on the recent tendency of States’ national Courts to provide protection, including through precautionary measures, by the recognition of the right to access to the national territory for persons seeking international protection as a result of the illegal conduct of the border authorities; it then analyzes the European Court of Human Rights approach to interim measures and the influence on the Strasbourg judge of governments’ policy on immigration and border control.