30
CONNORS v. THE UNITED KINGDOM JUDGMENT
practice. The authorities are being required to give special consideration to a
sector of the population which is no longer easy to define in terms of the
nomadism which is the raison d’être of that special treatment.
94. However, even allowing for the margin of appreciation which is to
be afforded to the State in such circumstances, the Court is not persuaded
that the necessity for a statutory scheme which permitted the summary
eviction of the applicant and his family has been sufficiently demonstrated
by the Government. The power to evict without the burden of giving
reasons liable to be examined as to their merits by an independent tribunal
has not been convincingly shown to respond to any specific goal or to
provide any specific benefit to members of the gypsy community. The
references to “flexibility” or “administrative burden” have not been
supported by any concrete indications of the difficulties that the regime is
thereby intended to avoid (see, mutatis mutandis, Larkos v. Cyprus, [GC],
no. 29515/95, ECHR 1999-I, where in finding a violation of Article 14 in
conjunction with Article 8 concerning the difference in security of tenure
provisions applying between tenants of public and private housing, the
Court did not find that the difference in treatment could be justified by the
argument that giving the applicant the right to remain indefinitely in a Stateowned dwelling would fetter the authorities’ duty to administer State-owned
property in accordance with constitutional and legal requirements). It would
rather appear that the situation in England as it has developed, for which the
authorities must take some responsibility, places considerable obstacles in
the way of gypsies pursuing an actively nomadic lifestyle while at the same
time excluding from procedural protection those who decide to take up a
more settled lifestyle.
95. In conclusion, the Court finds that the eviction of the applicant and
his family from the local authority site was not attended by the requisite
procedural safeguards, namely the requirement to establish proper
justification for the serious interference with his rights and consequently
cannot be regarded as justified by a “pressing social need” or proportionate
to the legitimate aim being pursued. There has, accordingly, been a violation
of Article 8 of the Convention.
II. ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION
96. Article 14 of the Convention provides:
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a national
minority, property, birth or other status.”