PARTLY DISSENTING OPINION OF JUDGES PETTITI AND KŪRIS

( Translation )

We voted with the majority in favour of finding that there had been no violation of Article 8. We did not, however, vote with the majority as regards the objection. We took the view that the applicant had not exhausted the domestic remedies in that she could and should have appealed on points of law against the Versailles Court of Appeal’s judgment – an appeal that would not have been ineffective if the ground of appeal had been the national courts’ application of the criteria relating to family life, within the meaning of Article 8 of the European Convention, with respect to section 28 bis of the Ordinance of 2 November 1945 (notably as regards the residence condition).

DISSENTING OPINION OF JUDGE DE MEYER, JOINED BY JUDGES BERNHARDT AND LEVITS

( Translation )

In my opinion, there has been a violation of the applicant’s right to respect for her private and family life.

Even if it is reasonable to consider that the exclusion order made against her in 1985 was justified at the time, it was certainly no longer so in 1994.

As the minority of the Commission observed, without being contradicted by the Government, the applicant had had nothing more to do with the drugs world and her presence in France, where she lives with her family and child, no longer prejudiced public order in any way.

That being so, a strict application of the “rule of procedure” – questionable enough in itself – laid down by section 28 bis of the Ordinance of 2 November 1945, as amended by the Law of 24 August 1993, could not be regarded as “necessary in a democratic society”.

[1] . This summary by the registry does not bind the Court.

[2] Notes by the Registrar

. The case is numbered 154 / 1996 / 773 / 974 . The first number is the case’s position on the list of cases referred to the Court in the relevant year (second number). The last two numbers indicate the case’s position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.

[3] . Rules of Court A apply to all cases referred to the Court before the entry into force of Protocol No. 9 (1 October 1994) and thereafter only to cases concerning States not bound by that Protocol. They correspond to the Rules that came into force on 1 January 1983, as amended several times subsequently.

[4] . Note by the Registrar . For practical reasons this annex will appear only with the printed version of the judgment (in Reports of Judgments and Decisions 1998), but a copy of the Commission’s report is obtainable from the registry.