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K.A. v. State of The Netherlands

Netherlands.  12 July 1979 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

The individual in international law — In general — Human rights and freedom — European Convention on Human Rights, 1950 — Expulsion of aliens — Lack of right of appeal where alien resident in receiving State for less than a yea — Whether violating provisions of Convention — Article 6(1) — Right to fair hearing by independent tribunal — Article 13 — Right to effective remedy before national authority — Whether Article 13 has direct effect in municipal legal system — Article 8 — Right to respect for family life — Whether a civil right under Article 6(1) — Whether expulsion violating Article 8 where family reunion possible in State of origin — Whether Article 6 implying right of alien to attend hearing and to await hearing in receiving State — The law of the Netherlands

Treaties — Conclusion and operation — Necessity for municipal legislation — European Convention on Human Rights, 1950 — Article 13 — Whether directly effective in municipal legal system — The law of the Netherlands

The individual in international law — Aliens — Expulsion of — Procedure — Lack of right of appeal where alien resident in receiving State for less than a year — Whether a violation of European Convention on Human Rights, 1950 — Article 6(1) — Right to fair hearing by independent tribunal — Article 13 — Right to effective remedy before national authority — Whether Article 13 has direct effect in municipal legal system — Article 8 — Right to respect for family life — Whether a civil right under Article 6(1) of Convention — Whether expulsion violates Article 8 where family reunion possible in State of origin — Whether Article 6 implies right of alien to attend hearing and to await hearing in receiving State — The law of the Netherlands

Type
Case Report
Copyright
© Cambridge University Press 1987

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