MOKRANI v. FRANCE - 52206/99 (French text) [2003] ECHR 362 (15 October 2003)

MOKRANI v. FRANCE - 52206/99 (French text) [2003] ECHR 362 (15 October 2003)

The Court found that, although the applicant had committed a serious drug offence, his strong personal, social, and family ties to France, his status as a second-generation immigrant, and the lack of significant ties to Algeria rendered the expulsion order disproportionate to the legitimate aim pursued. Therefore,...

Source-derived case information.

Citation
[2003] ECHR 362
Parties
Applicant: Boubaker Mokrani; Respondent: French Government
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment After Admissibility and Written Submissions
Outcome
Violation of Article 8 ECHR if expulsion executed
Legal Topics
Right to Respect for Private and Family Life, Expulsion of Aliens, Proportionality, Article 8 ECHR
Human Rights Law Immigration Law Right to Respect for Private and Family Life Expulsion of Aliens Proportionality Article 8 ECHR

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Parties

Boubaker Mokrani

Applicant

French Government

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Admissibility and Written Submissions

  1. 1 Whether the expulsion of the applicant constitutes a violation of Article 8 ECHR (right to respect for private and family life)

Ratio Decidendi

The Court found that, although the applicant had committed a serious drug offence, his strong personal, social, and family ties to France, his status as a second-generation immigrant, and the lack of significant ties to Algeria rendered the expulsion order disproportionate to the legitimate aim pursued. Therefore, execution of the expulsion would violate Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR if expulsion executed

Orders

  • The respondent State must pay the applicant 2,500 EUR for non-pecuniary damage within three months of the judgment becoming final.
  • The respondent State must pay the applicant 3,970 EUR for costs and expenses within three months of the judgment becoming final.