REMEMBRANCE IN TIME - Index of

EUROPE - UNITED IN FREEDOM AND
DIVERSITY?
Gregory MOUANGA 1
The relevance of article 8 of the European Convention of Human Rights to the
jurisprudence on the status of residence permit
“In varietateconcordia, Europe – United in Diversity!”
This motto is a result of decades of war and destruction, of fear and terror in Europe.
The European Convention of Human Rights is one of many different pillars Europe is
build on and which is the issue of the effort to build a Europe on principles of peace and
humanity, of progress and cooperation.
The following talk will give an overview into the jurisprudence on Article 8 of
European Convention of Human Right, in short form the ECHR, dueto the residence
permit status of migrants. The ECHR constitutes an important building block in favour of
an individual protection of personal interests.
The possibilities of article with the background of an Iron Curtain
Against the background of a heritage of two world wars and the boundary of the Iron
Curtain during the Cold War in the second half of the twentieth century, the right to respect
private and family life, home, and correspondence fits in that development of Europe.
The Iron Curtain stands for a gridlock in migration, for a wall across from fluctuation
and diversity. In the USSR the freedom of movement was restricted by the propiska - a
residence permit prohibiting massive movements of people. Originally, the idea to
construct a national control of migration was an experience of immense and uncontrolled
movements during the revolution and civil war in the nineteen- twenties. 2
During the cold war international migration was highly restricted: a movement between
Western Europe countries and countries of the Eastern bloc was nearly impossible due to
border control and security systems. Therefore, actual migration was possible in the
matter of state controlled movements - movements as an instrument of political
repression. 3
1 Hanse Law School, Carl-von-Ossietzky University of Oldenburg, Germany.
2 Nozhenko (2010), Focus Migration - Länderprofil 20: „Russische Föderation“ (ISSN 1864-
6220),Hamburgisches WeltWirtschaftsInstitut (Hrsg.), p. 2.
3 Nozhenko (2010), Focus Migration - Länderprofil 20: „Russische Föderation“ (ISSN 1864-
6220),Hamburgisches WeltWirtschaftsInstitut (Hrsg.), p. 2.