NYBERG v. SWEDENCONCURRING OPINION BY MM. J.A. FROWEIN, S. TRECHSEL AND SIR BASIL HALL
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Document date: March 15, 1990
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CONCURRING OPINION BY MM. J.A. FROWEIN, S. TRECHSEL AND SIR BASIL HALL
In para. 142 the Commission finds that the decision concerning
the prohibition on removal during the period from 6 February 1986 to
1 March 1987 was justified under Article 8 para. 2. We are unable to
come to that conclusion because, as the Commission correctly states in
para. 131, the activities of the Social Council which had decided on
the prohibition on removal were already in 1986 and until April 1987
in violation of Article 8 because they in fact obstructed the
reunification of Björn and his parents. The Administrative Court of
Appeal's decision to extend the period of the prohibition was
necessitated by that violation. Under those circumstances we cannot
find that the prohibition as such is justified under Article 8 para. 2.