Greek National Residence Permit Case

CourtSuperior Administrative Court (Germany)
Date20 m 1971
Federal Republic of Germany, Supreme Administrative Court (Verwaltungsgerichtshof) of Baden-Wrttemberg
Greek National Residence Permit Case1

The individual in international law In general Human rights and freedoms Right to protection of family Basic Law 1949, Article 6 (1) European Convention on Human Rights, 1950, Article 8 (1) Definition of family The law of the Federal Republic of Germany

Treaties Interpretation of Agencies of interpretation Term contained in bilateral treaty Interpretation by reference to definition of term in multilateral convention to which both Contracting States are party Federal Republic of Germany-Greece Treaty on Establishment and Navigation, 1960, Article 1 (2) Protocol to European Convention on Establishment, 1955 Notion of public order The law of the Federal Republic of Germany

The individual in international law Aliens Admission of Residence permit Refusal Grounds of public order Definition Whether including economic considerations Federal Republic of Germany-Greece Treaty of Establishment and Navigation, 1960, Article 1 (2) Interpretation of notion of public order contained in treaty by reference to Protocol of European Convention on Establishment, 1955 Balancing of individual interests against public interest Right to protection of family Which members of family covered Basic Law 1949, Article 6 (1) European Convention on Human Rights, 1950, Article 8 (1) The law of the Federal Republic of Germany

Summary: The facts:The plaintiff, a Greek national, came to the Federal Republic of Germany to join her son who was working there as a migrant worker. She applied for a residence permit to enable her to take care of her two grandchildren so that her daughter-in-law could continue to practise her profession. The immigration authorities issued her with a temporary residence permit but refused to grant an extension. The Administrative Court, however, overruled that decision and the immigration authorities appealed to the Supreme Administrative Court of Baden-Wrttemberg.

Held:The appeal was allowed and the application for an extension of the permit was rejected.

(1) The plaintiff had no legal entitlement to an extension of her permit and it had not been established that the immigration authorities had abused their discretion or violated Article 1 (2) of the German-Greek Treaty on Establishment and Navigation of 1960, which provided that the temporary residence of nationals of the contracting States was to be facilitated except where reasons of public order opposed this course.

(2) The notion of public order was to be...

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