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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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NYBERG v. SWEDENCONCURRING OPINION BY MM. J.A. FROWEIN, S. TRECHSEL AND SIR BASIL HALL

Doc ref:ECHR ID:

Document date: March 15, 1990

Cited paragraphs only

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.

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