- CE, Ass., 19 avril 1991, p. 152 Case Belgacem
- 19 April 1991
- Translated by:
- Professor John Bell FBA
- Professor B. S. Markesinis
19 April 1991
In the light of the summary request and the supplementary memorandum presented by M. Hamid Belgacem on 29 May 1989 and 29 September 1989 that the Conseil d’Etat:
1. annuls the judgment of 27 February 1989 by which the Tribunal administratif of Paris rejected its request to annul the decision of 16 March 1988 by which the Minister of the Interior ordered him to leave French territory;
2. annuls the said decision; ………………
Without it being necessary to examine other grounds of the request
Considering that, under the terms of art. 8 of the European Convention on Human Rights:
“Everyone has the right to respect for his private and family life, his home and his correspondence.”
Considering that M. Belgacem, an Algerian citizen, has no family connection with the country of which he is a national; as he has resided in France since his birth in 1958, where his family lives, composed of twelve brothers and sisters, over whom he has taken charge with his elder brother since the death of his father in 1976; as, even though the applicant was found guilty of several thefts in 1980 and 1982, and though it took account of his behaviour and was made following these convictions, the expulsion decision taken against him exceeds what is necessary to protect public order, taking account of the seriousness of the harm done to his family life; as, in these circumstances, the decision was made in breach of art. 8 of the Convention;
Considering that it follows from what has been said that M. Belgacem is justified in claiming that the challenged judgment of the Tribunal administratif of Paris wrongly rejected its request to annul the decision of 16 March 1988 by which the Minister of the Interior ordered his expulsion from French territory;
Art. 1: The judgement of 27 February 1989 of the Tribunal administratif of Paris, as well as the decision dated 16 March 1988 of the Minister of the Interior are annulled.
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