Published on 8 January 2024

FIRST SECTION

Application no. 64809/19 Leonard KERRI against Italy lodged on 5 December 2019 communicated on 6 December 2023

SUBJECT MATTER OF THE CASE

The application concerns the expulsion of an Albanian national from Italy in 2019. The applicant, who had been living in Italy for almost all his life, was serving a detention sentence at the time of his expulsion. The expulsion was ordered by the judge responsible for the execution of sentences ( Magistrato di Sorveglianza ) as an alternative measure to the detention.

He challenged the expulsion before the court responsible for the execution of sentences ( Tribunale di Sorveglianza ) and the Court of Cassation, claiming inter alia that he had strong private and family ties in Italy. His appeals were rejected and he was expelled to Albania in October 2019.

The applicant complains, under Article 8 of the Convention, that his expulsion amounted to a disproportionate interference with his right to respect for his private and family life, as the domestic courts did not take into account, inter alia , the length of his stay in Italy, the nature and the seriousness of the offences he had committed, the time elapsed since the last offence, and the solidity of social, cultural and family ties with Italy and Albania.

QUESTIONS TO THE PARTIES

1. Has there been an interference with the applicant’s right to respect for his private and family life within the meaning of Article 8 § 1 of the Convention?

2. If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 (see Maslov v. Austria [GC], no. 1638/03, § 68-76, ECHR 2008; Savran v. Denmark [GC], no. 57467/15, § 181-188, 7 December 2021)?