Beruflich Dokumente
Kultur Dokumente
Vlaicu Motrescu
Working Group 2.2
Week 3 Legal Skills
General Questions
Specific Questions
1. The legal basis upon which the applicant had to lodge an objection before she could
lodge an appeal with Rotterdam Regional Court is article 7:1 of GALA, which states
exactly that.
2. The arguments that the Administrative Jurisdiction Division used to substantiate its
decision were based on the reasoning that under section 5 of the Inner City Problems Act,
the Burgomaster and Aldermen are justified to restrict the freedom of movement in the
general interest in a democratic society within the meaning of Article 12 § 3 of the 1966
International Covenant on Civil and Political Rights. The restriction, which resulted from
section 2.6(2) of the 2003 Housing Bye-law was not permanent, and should residents of a
certain restricted area have significant difficulties in finding housing, the Minister was
able to remove that status from the area, therefore neither did it violate Article 2 of
Protocol 4 of the ECHR (consideration 15). On 27 September 2010 Ms Garib moved to
Vlaardingen, a municipality part of the Rotterdam Metropolitan Region (consideration
68).
3. The applicant presented statistics that the measures of the Government were not
appropriate to the problems which they were supposed to solve, as out of 2835 housing
permit applications only 184 have been refused, and the quality of life stayed the same,
therefore claiming that there was no correlation between the socioeconmic standing of
the applicant and the quality of life in a given zone (consideration 101 & 103). Also, the
applicant declared that the refusal was granted by 2 authoritative Government bodies
(consideration 102), therefore could not be considered a democratically implemented
legislative action. The applicant also argued that she had no criminal record and no
history of misbehaviour and that she had already been living in Tarwewijk when she
applied for a housing permit, so that her taking up residence at a new address in the same
area would not have added to the social problems there (consideration 104).