JACQUINET AND EMBAREK BEN MOHAMED v. BELGIUM - 61860/15 (Judgment : No Article 8 - Right to respect for private and family life : Second Section) French Text [2023] ECHR 117 (07 February 2023)

JACQUINET AND EMBAREK BEN MOHAMED v. BELGIUM - 61860/15 (Judgment : No Article 8 - Right to respect for private and family life : Second Section) French Text [2023] ECHR 117 (07 February 2023)

The Court found that the Belgian authorities did not violate Article 8, as they provided sufficient reasoning for the refusal, balanced the applicants' interests against the public interest in name stability, and acted within their margin of appreciation. The applicants failed to demonstrate sufficiently serious or...

Source-derived case information.

Citation
[2023] ECHR 117
Parties
Applicant: Eric Jacquinet; Applicant: Lorenzo Embarek Ben Mohamed; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Application dismissed; no violation of Article 8 found
Legal Topics
Right to Respect for Private and Family Life, Change of Surname, Positive Obligations of the State, Margin of Appreciation, Judicial Review of Administrative Decisions
Human Rights Law Family Law Administrative Law Right to Respect for Private and Family Life Change of Surname Positive Obligations of the State Margin of Appreciation Judicial Review of Administrative Decisions

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Parties

Eric Jacquinet

Applicant

Lorenzo Embarek Ben Mohamed

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether the refusal by Belgian authorities to allow the applicants to change their surname to that of the first applicant's mother violated Article 8 of the European Convention on Human Rights

Ratio Decidendi

The Court found that the Belgian authorities did not violate Article 8, as they provided sufficient reasoning for the refusal, balanced the applicants' interests against the public interest in name stability, and acted within their margin of appreciation. The applicants failed to demonstrate sufficiently serious or identity-based reasons to justify an exception to the principle of name fixity.

Court Disposition

Application dismissed; no violation of Article 8 found

Orders

  • The application is declared admissible.
  • By five votes to two, the Court finds no violation of Article 8 of the Convention.