ελευθερία συνεταιρίζεσθαι

Dissolution of an association because its name contained an unrecognised nationality. Violation of freedom of association

JUDGMENT Association of People of Silesian Nationality v. Poland 14.03.2024 (app. no. 22415/22) see here SUMMARY The applicant, Association of People of Silesian Nationality, is an association, which was registered in 2011 and went into liquidation in 2016. Silesia is a historic region currently located in south-western Poland. According to the 2011 census nearly half […]

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Repeated refusal to register a human rights organisation due to failure to comply with legal formalities . Violation of the right of association

JUDGMENT Mariya Alekhina and others v. Russia 28.11.2023 (no. 2) (app. no. 10299/15) see here SUMMARY The case concerned the Russian authorities’ refusal to register the applicants’ human-rights organisation, “The Zone of Law”, which aimed to provide legal assistance to prisoners. The Court found overall that there had been a lack of detailed guidelines on […]

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δικηγόρος

Arbitrary refusal of NGO registration. Violation of freedom of association

JUDGMENT BAYRAMOV AND IMANOV v. AZERBAIJAN 23.02.2023 (app. no. 79522/13) see here  SUMMARY Refusal by the domestic authorities to register an association established by the applicants. The applicants established a non-governmental organization, but the Ministry of Justice indicated that the name of the association did not reflect the character of its activity. Based on that […]

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Exclusion of a candidate from the right to be elected because he had dual citizenship! Violation of the right to free elections

JUDGMENT Kara–Murza v. Russia 04.10.2022 (app. no. 2513/14) see here SUMMARY Electoral legislation and the necessity of personalizing electoral rights. The applicant has dual citizenship, he is a British and Russian national. He lives in Russia and ran in the regional elections. He was excluded from the right to be elected by a court decision […]

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δικηγόρος

The restrictions on trade union collective agreements imposed by German law were not disproportionate. Non-infringement of the freedom of association

JUDGMENT Association of Civil Servants and Union for Collective Bargaining and Others v. Germany 05.07.2022 (application no. 815/18 and 4 others) see here SUMMARY The case concerned trade-union rights and notably legislation in Germany regulating conflicting collective agreements. In particular, in the event of a conflict, only the collective agreement of the largest trade union […]

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Arbitrary characterization of human rights NGOs as “foreign agents” and imposition of large fines! Violation of the freedom of association

JUDGMENT Ecodefence and others v. Russia  14.06.2022 (app. no. 9988/13 and 60 others) see here SUMMARY The case concerned the measures imposed by virtue of the Foreign Agents Act 2012 on the 73 applicant non-governmental organisations involved in civil-society issues, human rights, protection of the environment and cultural heritage, education, social security, and migration in […]

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Dismissal of the trade union chair due to a letter she sent to state officials! In camera trial! Violation of the freedom of association and fair trial

JUDGMENT Straume v. Latvia 02.06.2022 (app. no. 59402/14) see here SUMMARY Ms Straume was an air-traffic controller and chair of her trade union. The case concerned her treatment by her employer and ultimately her firing for statements made regarding safety in a letter to the State officials overseeing her State-owned employer on behalf of the […]

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Identity check used as pretext to prevent applicants from attending demonstration: violation of the Convention

JUDGMENT Alıcı and others v. Turkey 24.05.2022 (app. no. 70098/12) see here SUMMARY The case  concerned applicants who were arrested while travelling by bus from Adana to Ankara to take part in a demonstration and who incurred an administrative fine for withholding their identities from the police who stopped their bus. The Court found that […]

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δικηγόρος

Conviction of a trade union representative for refusing new members! Violation of the freedom of association

JUDGMENT Vlahov v. Croatia 05.05.2022 ( app.  no. 31163/13)  see here SUMMARY The case concerned the right of trade unions to control their membership vis-à-vis the right to freedom of association of would-be members. The applicant, a trade-union representative, complained that he had been convicted in 2010 of preventing 15 would-be members from joining his […]

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ECHRCaseLaw
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