HAMIDOVIC v. ITALY - 31956/05 - HEJUD (French text) [2012] ECHR 2013 (04 December 2012)

HAMIDOVIC v. ITALY - 31956/05 - HEJUD (French text) [2012] ECHR 2013 (04 December 2012)

The expulsion of the applicant, who had strong family and personal ties in Italy and whose criminal offence was not grave, was disproportionate to the legitimate aim pursued. The measure was not necessary in a democratic society and thus violated Article 8 ECHR.

Source-derived case information.

Citation
[2012] ECHR 2013
Parties
Applicant: Nevresa Hamidovic; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment After Partial Admissibility
Outcome
Violation of Article 8 ECHR found; partial award of just satisfaction.
Legal Topics
Right to Respect for Private and Family Life, Expulsion of Aliens, Proportionality of Interference, Family Reunification
Human Rights Law Immigration Law Right to Respect for Private and Family Life Expulsion of Aliens Proportionality of Interference Family Reunification

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Parties

Nevresa Hamidovic

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Partial Admissibility

  1. 1 Whether the expulsion of the applicant from Italy violated Article 8 of the European Convention on Human Rights (right to respect for private and family life)

Ratio Decidendi

The expulsion of the applicant, who had strong family and personal ties in Italy and whose criminal offence was not grave, was disproportionate to the legitimate aim pursued. The measure was not necessary in a democratic society and thus violated Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; partial award of just satisfaction.

Orders

  • Italy to pay the applicant 15,000 EUR for non-pecuniary damage within three months.
  • Italy to pay the applicant 2,000 EUR for costs and expenses within three months.