Articolul 1 din Protocolul nr. 7
Article 1 of Protocol no. 7

Summary/Abstract: Basically, art. 1 of Protocol no. 7 requires, on the one hand, that the aliens concerned be informed of the relevant factual issues which have led the competent national authority to consider that they constitute a threat to the national security and, on the other hand, that they have access to the content of the documents and information in the case file which the expulsion decision was based on. The rights resulting from this article are not absolute. The restrictions brought to the rights in question must not empty the content of the procedural protection established by art. 1 of Protocol no. 7, by substantially breaching the guarantees provided by it. Where such limitations exist, the alien in question must be given the effective opportunity to know the reasons for the expulsion and to benefit from protection against arbitrariness. Limitations imposed on the alien's procedural rights by an independent authority must be duly justified in the light of the circumstances of the case. The difficulties created for the alien in question by these limitations must be sufficiently counterbalanced by compensatory factors, since, pursuant to art. 1 of Protocol no. 7, there are only admissible those restrictions which, in relation to the circumstances of the case, are duly justified and are sufficiently counterbalanced. The less rigorous the national authorities are in examining the need to impose restrictions on the procedural rights of the concerned aliens, all the more strict must be their control over the compensatory elements established in order to counterbalance the limitation of the rights in question.

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