The binding character of the European Court of Human Rights on the example of the Interim decision of ETPC of 25th August 2021, ECHR 244 (2021)

Abstract

Article elaborates the interim decision of the European Court of Human Rights ECHR 244 (2021) in which the Tribunal indicated interim measures on Poland and Latvia in relation to the situation on the border with Belarus. The author focuses on the question of whether the interim measures are binding and they must be complied with. She underlines the crucial importance of the principle of non-refoulement as an instrument of international law for the protection of human rights. She examines the relationship between the scope of term of “refugee” and the personal scope of the principle of non-refoulement. She also rewers to the issue of the extent of State jurisdiction under the article 1 of the European Convention on Human Rights.