24
CONNORS v. THE UNITED KINGDOM JUDGMENT
were now the subject of a thorough Government review of policy, which
would include the existing regime of tenure on local authority gypsy sites
and examine all the competing interests. It was not the case that the reports
established that this regime was currently unjustifiable or that there was a
readily identifiable and workable alternative regime of greater security of
tenure that would overcome the applicant’s complaints in this case.
80. The Government further explained that the policy and object of the
mobile homes legislation was to remedy a different problem, namely, the
inequality of bargaining power between the mobile home owner and the site
owner, in which area there was a deficiency of supply over demand which
the private sites, run as businesses, were in a position to exploit, by for
example compelling a resident to buy his mobile home from the site owner
and then evicting him and forcing him to sell the home back at a significant
undervalue. The 1983 Act was designed specifically to remedy such abuses
by giving residents of such sites stronger security of tenure. On the other
hand, the regime applicable to local authority gypsy sites enabled disruptive
occupiers to be dealt with quickly, preventing damage to the site and
forestalling the tendency of the other occupiers to leave to avoid the
problem. There was the practical advantage that this avoided the need to
produce witnesses, there being a reported reluctance for other occupiers to
get involved or “inform” on rule-breakers.
2. The Court’s assessment
(a) General principles
81. An interference will be considered “necessary in a democratic
society” for a legitimate aim if it answers a “pressing social need” and, in
particular, if it is proportionate to the legitimate aim pursued. While it is for
the national authorities to make the initial assessment of necessity, the final
evaluation as to whether the reasons cited for the interference are relevant
and sufficient remains subject to review by the Court for conformity with
the requirements of the Convention (see, among other authorities, Smith and
Grady v. the United Kingdom, nos. 33985/96 and 33986/96, 27 September
1999, §§ 88, ECHR 1999-VI).
82. In this regard, a margin of appreciation must, inevitably, be left to
the national authorities, who by reason of their direct and continuous contact
with the vital forces of their countries are in principle better placed than an
international court to evaluate local needs and conditions. This margin will
vary according to the nature of the Convention right in issue, its importance
for the individual and the nature of the activities restricted, as well as the
nature of the aim pursued by the restrictions. The margin will tend to be
narrower where the right at stake is crucial to the individual’s effective
enjoyment of intimate or key rights (see, for example, Dudgeon v. the
United Kingdom, judgment of 22 October 1981, Series A no. 45, p. 21,