REMEMBRANCE IN TIME - Index of

Gregory MOUANGA: Europe - United in Freedom and Diversity? 487
Exempt from “extraordinary circumstances” are the following: emigration of the
parents, deportation, imprisonment or the accommodation of the child in a foster family
or in youth institutions - but only if the familiar relationship is not totally broken. A short
break in relationship does not show to advantage. Also divorce does not hinder the
relationship between parent and child in the judicial definition of “family life”, as well the
child’s custody. 21
Originally, the jurisprudence according to the parent-child relationship was only
applicable to legitimate children. Nevertheless, in the cases of Keegan 22 and Kroon 23 the
European Court of Human Rights decided that “family life” does also existipso iure for
illegitimate children: The main factor is that the parents lived in a relationship before.
The principles of the relationship between parents and minors cannot be assigned to the
relationship between parents and full aged children. Jurisprudence does see a “family
life” between adults just in the case of a dependency which gets ahead of a normal,
emotional scale. This is accepted in cases of financial dependency or other reasons like
invalidity or serious illness. 24
According to the jurisprudence of the commission and European Court of Human
Rights the relationship to stepchildren or adopted children comes falls in the category of
“family life” if there existed an actual lived performed relationship. A “family life” ipso
iure cannot be seen in view of problems which could appear during the procedure of
adoption. 25
Conclusion
Three types of relationships and its jurisprudence could be observed. Article 8 of the
ECHR offers to individuals a protection against state measures.
The scope of article 8 the admission of “family life” could have consequences on the
residence permit status of foreign people. Consistently state authorities have to issue new
residence permits due to the implementation of the protection of “family life” in marital
relationships. But also a non-marital relationships or a parent-child relationship could
open the scope of article 8.
However Article 8 ECHR is liable to limits like welfare of the children or very serious
delinquency which could hinder the scope of protection or justify contrary states
measures. To go into detail about the limits of article 8 due to residence permit would go
beyond the scope.
21 Sander (2008), Der Schutz des Aufenthalts durch Artikel 8 der Europäischen
Menschenrechtskonvention, Duncker& Humblot, p. 68 et seq..
22 ECHR, date of judgment 26.5.1994, Application No: 16969/90.
22 ECHR, date of judgment 27.19.1994, Application No: 18535/91.
24 Sander (2008), Der Schutz des Aufenthalts durch Artikel 8 der Europäischen
Menschenrechtskonvention, Duncker& Humblot, p. 70 et seq..
25 Sander (2008), Der Schutz des Aufenthalts durch Artikel 8 der Europäischen
Menschenrechtskonvention, Duncker& Humblot, p. 73.