Information Note on the Court’s case-law No. 2
January 1999
Maaouia v. France (dec.) (partial) - 39652/98
Decision 12.1.1999
Article 6
Civil proceedings
Article 6-1
Civil rights and obligations
Proceedings relating to regularisation of the position of a foreigner: inadmissible
The applicant, a Tunisian national, arrived in France in 1980 at the age of 22. Since 1983 he has been living with a French citizen whom he married in 1992. In 1998 he was sentenced to 6 years’ imprisonment for assault. In 1991 a deportation order was issued against him. This order was later annulled. As he refused to leave the country, he was sentenced to 1 year’s imprisonment and forbidden to reside on French territory for 10 years. The applicant secured the lifting of this measure. He then requested the regularisation of his position and a residence permit. His request was turned down and the case is still pending before the appeal court. In July 1998 the applicant was given a one-year residence permit. He complains of the length of the proceedings and of an infringement of his right to respect for his private and family life.
Inadmissible under Article 8: As the applicant holds a temporary residence permit, he can no longer claim to be a victim (manifestly ill-founded).
Communicated under Article 6 § 1.
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This summary by the Registry does not bind the Court.
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