1. The Committee of Ministers recalls the
fundamental principle enshrined in Article 1 of the European Convention
on Human Rights, which secures to everyone within the jurisdiction
of the High Contracting Parties the rights and freedoms defined
in Section I of this Convention.
2. As the Committee of Ministers had the opportunity to indicate
when replying to a previous question of the Honourable Parliamentarian
(see reply to Written Question No. 641), the Court’s case law on
the matter, as far as expulsion of an individual having committed
serious offences is concerned, aims at balancing the Convention
rights enjoyed by such an individual and the interest of the State
concerned to expel, the seriousness of the offence being one of
the elements to be taken into account in such balancing.
3. In this context, the Committee of Ministers notes that the
Court determines the scope of the protection afforded under the
Convention’s provisions with respect to each individual case before
it.
