CONCURRING OPINION OF JUDGE THÓR VILHJÁLMSSON

I have voted with the other members of the Court. My reasons with regard to the conclusion that there was no violation of Article 8 (art. 8) taken alone (point 1 of the operative provisions) differ from those set out in the judgment. I find that that Article (art. 8) was not violated although there was in my opinion lack of respect for the family life of the applicants. I find the interference justified under paragraph 2 of Article 8 (art. 8-2) because it was in accordance with the law and necessary in a democratic society in the interests of the economic well-being of the respondent State.

CONCURRING OPINION OF JUDGE BERNHARDT

I have voted with the other members of the Court, but my reasoning with respect to Article 8 (art. 8) and Article 13 (art. 13) of the Convention differs to a certain extent from the views expressed in the judgment.

1. According to the present judgment, Article 8 para. 1 (art. 8-1) is applicable but, if taken alone, is not violated because there is no "lack of respect" for family life. This reasoning excludes the application of Article 8 para. 2 (art. 8-2), and it in fact places inherent limitations upon the rights guaranteed in paragraph 1 of Article 8 (art. 8-1). In my opinion, the measures in question can only be, and indeed are, justified by the application of Article 8 para. 2 (art. 8-2).

2. Concerning Article 13 (art. 13), the present judgment maintains the jurisprudence established by the Court since its Silver and Others judgment of 25 March 1983 . In my view, this jurisprudence should be modified since it does not conform to the object and purpose of Article 13 (art. 13) - a provision whose phrasing admittedly gives rise to doubts.

According to the present judgment, Article 13 (art. 13) is always and automatically violated if the following conditions are met: (1 ) the Convention does not form part of the internal law of a given State; and (2) the internal law of the State violates - according to the findings of our Court - other rights guaranteed by the Convention (in the present case Article 8 taken together with Article 14 (art. 14+8)). The result of this reasoning is that the interpretation of the substantive provisions by this Court is decisive also for the violation or non-violation of Article 13 (art. 13). Whenever this Court finds a violation of one of the Articles 2 to 5 (art. 2, art. 3, art. 4, art. 5) or 8 to 12 (art. 8, art. 9, art. 10, art. 11, art. 12) of the Convention as a result of the existence and application of a national legal norm in a State where the Convention does not form part of internal law, Article 13 (art. 13) also is automatically violated. This interpretation is doubtful for at least two reasons.

Unequal standards are being applied to States according to the position of the Convention in internal law. A State where the Convention is not directly applicable may have a most comprehensive human rights catalogue in its internal law and/or a sophisticated system of legal protection, but it will nevertheless always violate Article 13 (art. 13) if any internal legal provision is incompatible with the Convention. This is hardly comprehensible.

Article 13 (art. 13) must, in my view, be given a meaning which is independent of the question whether any other provision of the Convention is in fact violated. Whenever a person complains that one of the provisions of the Convention itself or any similar guarantee or principle contained in the national legal system is violated by a national (administrative or executive) authority, Article 13 (art. 13) is in my view applicable and some remedy must be available.

In spite of these considerations, I have voted with the majority since I feel to a certain extent bound by the former jurisprudence of the Court; in addition, United Kingdom law did not afford in the present cases, as far as I can see, the remedies necessary under Article 13 (art. 13) even if this provision is interpreted according to the view explained in this opinion.