CEDH · CASELAW;CLIN;ENG — 26 septembre 1997

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s6863D229 { width:26pt; display:inline-block } .s90A93616 { width:27.66pt; display:inline-block } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. September 1997 El Boujaïdi v. France - 25613/94 Judgment 26.9.1997 Article 8 Expulsion Article 8-1 Respect for family life Respect for private life Enforcement of order for permanent exclusion from French territory of convicted Moroccan national whose parents and four brothers and sisters were lawfully resident in France and who had recognised paternity of the child of a Frenchwoman with whom he had been cohabiting: 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.] A.   Article 8, paragraph 1 Question whether applicant had a private and family life within meaning of Article 8 to be considered at time when exclusion order became final – applicant could not therefore plead his relationship with a Frenchwoman or fact that he was father of her child, since these circumstances had come into being long afterwards – nevertheless, there had been interference, as applicant had arrived in France at age of 7, received most of his schooling there and worked there, and his parents and four brothers and sisters lived there. B.   Article 8, paragraph 2 1.   “In accordance with the law” Not contested. 2.   Legitimate aim Prevention of disorder or crime. 3.   “Necessary in a democratic society” Reference to Court’s case-law: obligation for Contracting States to maintain public order, in particular by exercising right to control the entry and residence of aliens – included power to order expulsion of aliens convicted of criminal offences. Applicant had arrived in France at age of 7, lived there lawfully for seventeen years, received most of his education there and worked there – his parents, brother and sisters lived there. However, applicant did not claim not to know Arabic or that he had never returned to Morocco, nor did it appear that he had ever shown any desire to acquire French nationality – not established that he had lost all links with country of origin other than nationality – seriousness of offence committed and subsequent conduct counted heavily against him. Conclusion : no violation (eight votes to one).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes