Interpretation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms
Reply to Written question
| Doc. 13335
| 14 October 2013
1. The Committee of Ministers informs the
Honourable Parliamentarian that it cannot confirm or refute the interpretation
by the European Court of Human Rights of Article 8 of the European
Convention of Human Rights. However, the attention of the Honourable
Parliamentarian would be drawn to the extensive case law of the
Court on the matter (see, for example, judgments in the cases of
Moustaquim v. Belgium, 18 February 1991, Beldjoudi v. France, 26
March 1992, Maslov v. Austria, Grand Chamber, 23 June 2008, Balogun
v. UK, 10 April 2012, Khan v. UK, 12 January 2010, Emre v. Switzerland,
22 May 2008, Husseini v. Sweden, 13 October 2011).
2. It indicates that the Court balances the right of the individual
concerned under Article 8 against the interest of having him/her
expelled taking into account, inter alia,
the seriousness of the crime committed and that this Article has
not been considered to be an absolute obstacle to expulsion of aliens
with permanent residence permits.
