EL BOUJAÏDI v. FRANCE - 25613/94

Cet arrêt peut subir des retouches de forme avant la parution dans sa version définitive dans le Recueil des arrêts et décisions 1997, édité par Carl Heymanns Verlag KG (Luxemburger Straße 449, D-50939 Cologne) qui se charge aussi de le diffuser, en collaboration, pour certains pays, avec les agents de vente dont la liste figure au verso.

The present judgment is subject to editorial revision before its reproduction in final form in Reports of Judgments and Decisions 1997. These reports are obtainable from the publisher Carl Heymanns Verlag KG (Luxemburger Straße 449, D-50939 Köln), who will also arrange for their distribution in association with the agents for certain countries as listed overleaf.

France – enforcement of order for permanent exclusion from French territory of convicted Moroccan national whose parents and four brothers and sisters were lawfully resident in France and who had recognised paternity of the child of a Frenchwoman with whom he had been cohabiting

Question whether applicant had a private and family life within meaning of Article 8 to be considered at time when exclusion order became final – applicant could not therefore plead his relationship with a Frenchwoman or fact that he was father of her child, since these circumstances had come into being long afterwards – nevertheless, there had been interference, as applicant had arrived in France at age of 7, received most of his schooling there and worked there, and his parents and four brothers and sisters lived there.

Reference to Court’s case-law: obligation for Contracting States to maintain public order, in particular by exercising right to control the entry and residence of aliens – included power to order expulsion of aliens convicted of criminal offences.