Information Note on the Court’s case-law No.
August 1996
C. v. Belgium - 21794/93
Judgment 7.8.1996
Article 8
Expulsion
Deportation of a Moroccan citizen who came to Belgium with his family at age of 11: no violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 8 OF THE CONVENTION
A.Paragraph 1
Deportation in issue amounted to interference with applicant's right to respect for his private and family life.
B.Paragraph 2
1."In accordance with the law"
Not contested that provisions of domestic law constituted legal basis for interference.
2.Legitimate aim
Prevention of disorder or crime.
3."Necessary in a democratic society"
Reference to Court's case-law: duty of Contracting States to maintain public order, in particular by exercising their right to control entry and residence of aliens and notably to order expulsion of aliens convicted of criminal offences.
Applicant had real links with Belgium, but also important links with Morocco – interference in issue not so drastic as that which may result from expulsion of applicants who were born in host country or arrived there as young children.
Great importance attached to seriousness of offences which had given rise to applicant's long term of imprisonment and deportation: unlawful possession of drugs and conspiracy.
Conclusion: no violation (unanimously).
II.ARTICLE 14 OF THE CONVENTION IN CONJUNCTION WITH ARTICLE 8
Objective and reasonable justification for preferential treatment of criminals having nationality of a member State of the European Union.
Conclusion: no violation (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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