Judgment concerning France

Human Rights building

In the case of Fanouni v. France the Court held that there had been no violation of the freedom of movement.

The case concerned a home curfew imposed on the applicant in the context of a state of emergency, prohibiting him from leaving the municipality of Champagne-sur-Oise.

The Court found that the aims pursued – to preserve national security and public safety and maintain public order – had been legitimate. As the administrative authority had relied on precise information provided by the intelligence services and reported in a “note blanche” indicating that a large quantity of prohibited weapons and ammunition had been found at the applicant’s home, the Court noted that the consideration of these factors by the administrative courts had been accompanied by sufficient procedural safeguards, and found that the conclusions which the courts had drawn had been neither arbitrary nor manifestly unreasonable.

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