The Commission heard a complaint that the parties’ article 12 rights were infringed because under Dutch Act on prevention and suppression of marriages of convenience, there had to be a systematic examination of all intended marriages involving aliens. This required the parties covered by the legislation to provide statements, which could lead the public prosecutor to oppose a marriage if the primary purpose of one or both of the parties wishing to get married was to obtain entry into the Netherlands. The applicants complained that; ‘the exercise of [their article 12] right to marry was unjustly delayed on discriminatory and humiliating grounds, i.e. an investigation into the motives of their marriage, which went beyond the limits accepted under the Commission’s case- law . . ‘.
Held: The complaint was manifestly ill-founded. It considered the requirement for parties proposing to marry to provide statements before consent to the marriage could be given before concluding that: ‘the purpose of [the rules] is to prevent marriages of convenience between Dutch nationals and aliens for immigration purposes. In this respect the Commission recalls that the Dutch immigration policy is clearly related to the economic well-being of the country, in particular to the authorities’ concern, given the population density in the Netherlands, to regulate the labour market.
Although in the circumstances of the present case the relevance of the statement at issue may be questionable, the Commission cannot find the limitation at issue may be questionable, the Commission cannot find the limitation at issue, namely the applicants obligation to submit a statement. to be contrary to article 12…’
Citations:
33257/96, 91 A-DR 66
Statutes:
European Convention on Human Rights 12
Jurisdiction:
Human Rights
Cited by:
Cited – Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 10-Apr-2006
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The . .
Cited – Secretary of State for the Home Department v Baiai and others CA 23-May-2007
The claimants challenged rules which meant that certain immigrants subject to immigration control were unable to marry, save only those marrying according to the rites of the Church of England.
Held: The rules were not justified by evidence . .
Cited – Baiai and others, Regina (on the Application of) v Secretary of State for the Home Department HL 30-Jul-2008
In order to prevent marriages of convenience in the UK the Secretary of State introduced a scheme under which certain persons subject to immigration control required her written permission to marry and would not receive it unless they were present . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 01 May 2022; Ref: scu.240353