Tokens: 10
.
On
our
analysis
of
the
facts
,
the
balancing
exercise
between
the
interests
of
the
applicant
and
her
family
,
on
the
one
hand
,
and
the
general
interest
of
the
community
,
on
the
other
,
was
performed
by
the
national
authorities
,
including
the
independent
and
impartial
domestic
courts
,
in
a
full
and
careful
manner
,
in
conformity
with
the
well
-
established
principles
of
the
Court
’s
case
-
law
.
The
majority
holds
a
different
view
.
The
approach
adopted
by
the
Court
in
the
present
case
in
effect
involves
giving
to
those
prospective
immigrants
who
enter
or
remain
in
the
country
illegally
and
who
do
not
properly
and
honestly
comply
with
the
prescribed
conditions
for
seeking
residence
a
special
premium
,
in
terms
of
Convention
protection
,
over
those
who
do
respect
the
applicable
immigration
law
by
remaining
in
their
country
of
origin
and
conscientiously
complying
with
the
procedures
laid
down
for
seeking
residence
.
The
result
is
liable
to
be
to
encourage
illegal
entry
or
over
-
staying
and
refusal
to
comply
with
the
prescribed
immigration
procedures
and
judicially
sanctioned
orders
to
leave
the
country
.
The
right
answer
in
hard
cases
is
the
one
that
fulfils
the
obligation
of
the
community
to
treat
its
members
in
a
civilised
but
also
coherent
and
principled
manner
.
In
replacing
the
domestic
balancing
exercise
by
a
strong
reliance
on
the
exceptional
character
of
the
particular
circumstances
,
the
Court
is
drifting
away
from
the
subsidiary
role
assigned
to
it
by
the
Convention
,
perhaps
being
guided
more
by
what
is
humane
,
rather
than
by
what
is
right
.
Labels: O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O