Article 11

The denial of recognition of legal representative to human rights NGOs violated the right of association. Lack of clarity in the legislation and inadequacy of the national courts in its interpretation.

JUDGMENT Jafarov and others v. Azerbaijan 25.07.2019 (no. 27309/14) see here SUMMARY  The case concerned the authorities’ repeated refusal to register a non-governmental organisation set up to defend human rights in Azerbaijan. The authorities’ ultimate reason for the refusal was the NGO founders’ failure to specify the powers of a “legal representative” in their founding […]

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State party surveillance in order to detect endeavours hostile to the constitution. Appeals for failure to exhaust domestic remedies are inadmissible.

JUDGMENT Alternative für Deutschland v. Germany 04.07.2019 (no. 57939/18) see here  SUMMARY German party surveillance suspected of hostile endeavours against the Constitution. Non-exhaustion of internal remedies. The case concerned public comments by the Federal Office for the Protection of the Constitution about its suspicion of endeavours hostile to the constitution by the applicant party. The Court found […]

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Strasbourg, the suspension of the plenary session of the Catalan Parliament and the freedom of assembly

JUDGMENT  Forcadell i Lluis and others v. Spain 28.05.2019  ( no. 75147/17) see here   SUMMARY  Suspension of the plenary session of the Catalan Parliament. Freedom of assembly. Suspension of law, ensuring public security and protection of the rights and freedoms of others. The applicants complained that the temporary suspension of the Parliament’s plenary session, ordered by the […]

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Dissolution of a foundation on account of its insufficient financial resources, did not breach the freedom of assembly and association.

JUDGMENT MIHR Foundation v. Turkey 07.05.2019 (no. 10814/07) see here   SUMMARY Freedom of assembly and association. Dissolution of a foundation of civilization, knowledge, welfare and prosperity on account of its insufficient financial resources. Τhe Ankara District Court, had not ordered the dissolution of the MİHR foundation on account of its constitution or any incompatible activities, but […]

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The unwarranted dissolution of a demonstration without warning for the dissolution and the unjustified use of force violated the right to freedom of assembly

JUDGMENT Ter-Petrosyan v. Armenia 25.04.2019 (no. 36469/08) see here SUMMARY Right to assembly. Dissolving the demonstration led by the former Armenian President and opposition leader. The protest was about  election fraud. According to the ECtHR, the right to freedom of assembly was violated, since the dissolution was unjustified, there was no warning for its dissolution […]

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Victory for the LGBT community against bans on public events in Russia.

JUDGMENT  Alekseyev and others v. Russia 27.11.2018 (no. 14988/09 and 50 applications) see here SUMMARY  The case, which brought together 51 applications from seven applicants, concerned the continued refusal by Russian authorities to approve organisers’ requests to hold LGBT rallies. The Court found that this case was relevantly similar to the case of Alekseyev v. […]

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Dismissal of a train driver who went on strike led to a violation of his right of association

JUDGMENT  Ognevenko v. Russia 20.11.2018 (no.  44873/09) see here SUMMARY  The case concerned Mr Ognevenko’s dismissal as a train driver for disciplinary breaches, including taking part in a strike. The Court noted that train drivers and some other types of railway worker were included in occupations which were prohibited from striking. That restriction had not […]

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The police dissolution of university professors’ protest at the Rector’s office was necessary to prevent public unrest.

JUDGMENT Tuskia and others v. Georgia 11.10.2018 (no. 14237/07) see here SUMMARY Teachers’ protest at the Rector University office and police intervention. Dissolving the protest, administrative prosecutions and imposing fines on teachers. The Court held that the removal of the applicants from the Rector’s office was not disproportionate, since the protest could take place in […]

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Court rejects complaint about restrictions on the right to strike and compulsory arbitration

JUDGMENT Association of Academics v. Iceland 07.06.2018 (no. 2451/16) see here SUMMARY  The case concerned restrictions on the right to strike and the introduction of compulsory arbitration. Relying on Article 11 of the European Convention on Human Rights, the applicant association, which represented 18 of its member unions, many in the health-care sector, complained that […]

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