EUROPEAN COURT OF HUMAN RIGHTS IN ACTION / Alla Tymofeyeva (ed.)

For a law which makes a breach of contract into a criminal offence punishable by imprisonment always provides for one or more elements of criminality other than a simple inability to perform the contractual obligation. For example, the law of a Contracting Party would thus not be in conflict with this article if it permitted the deprivation of liberty of an individual who: o knowing that he is unable to pay, orders food and drink in a cafe or restaurant and leaves without paying for them; o through negligence, fails to supply goods to the army when he is under contract to do so; o is preparing to leave the country to avoid meeting his commitments. Article 2 of Protocol No. 4 to the Convention Freedom of movement Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. Everyone shall be free to leave any country, including his own. No restrictions shall be placed on the exercise of these rights other than such as are in accordance with law and are necessary in a democratic society in the interests of national security or public safety, for the maintenance of ordre public, for the prevention of crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. The rights set forth in paragraph 1 may also be subject, in particular areas, to restrictions imposed in accordance with law and justified by the public interest in a democratic society. General principles of the Court and explanations Article 2 of Protocol No. 4 guarantees to any person a right to liberty of movement, including the right to leave any country for another country to which he or she may be admitted . Any measure restricting that right must be lawful, pursue one of the legitimate aims referred to in the third paragraph of the above-mentioned Convention provision and strike a fair balance between the public interest and the individual’s rights (see Baumann v. France , no. 33592/96, § 61, ECHR 2001-V). Even where a restriction on the individual’s freedom of movement was initially warranted, maintaining it automatically over a lengthy period of time may become a disproportionate measure , violating the individual’s rights (see Riener v. Bulgaria , no. 46343/99, § 121, 23 May 2006; Luordo v. Italy , no. 32190/96, ECHR 2003-IX; and, mutatis mutandis , İletmiş v. Turkey , no. 29871/96, ECHR 2005-XII). In particular areas it might be necessary, for legitimate reasons, and solely in the public interest in a democratic society, to impose restrictions which it might not always be possible to bring within the concept of „ordre public“, the Committee decided to insert an additional paragraph providing that the rights set forth in paragraph 1 might also be subject in particular areas, to restrictions imposed in accordance with law and justified by the public interest in a democratic society. The term „area“, as used in this article, does not refer to any definite geographical or administrative unit. The meaning of this provision is that the restrictions in question must be localised within a well-defined area. Article 3 of Protocol No. 4 to the Convention Prohibition of expulsion of nationals No one shall be expelled, by means either of an individual or of a collective measure, from the territory of the State of which he is a national. No one shall be deprived of the right to enter the territory of the state of which he is a national.

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EUROPEAN COURT OF HUMAN RIGHTS IN ACTION