Article 11

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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A religious organization with a misleading name. The refusal to recognize it as a legal entity did not violate the freedom of religion and of assembly

JUDGMENT Ilyin and others v. Ukraine 17.11.2022 (app. no. 74852/14) see here SUMMARY Justified refusal to register the religious community of the Unification Church as a legal entity on the grounds that the name may mislead believers and the general public. Necessary restrictions in a democratic society. The applicants belong to the Unitarian Church. They […]

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Authorities refusal to allow demonstrations by political groups because their content was similar to another demonstration! Violation of freedom of assembly

JUDGMENT Mustafa Hajili and others v. Azerbaijan 06.10.2022 (app. no. 69483/13 and 2 othes) see here SUMMARY The case concerned the authorities’ refusal to authorise three public demonstrations in Baku. The applicants had planned the demonstrations in 2012 to protest against and make demands about various political matters. The Court ruled that the refusals had […]

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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

Prohibition of holding a political party congress due to lack of legal conditions. No violation of the freedom of assembly

JUDGMENT Yeşiller ve Sol Gelecek Partisi v. Turkey  10.05.2022 (app. no. 41955/14) see here SUMMARY The applicant party, the Yeşiller ve Sol Gelecek Partisi (Greens and the Left Party of the Future), is a Turkish political party founded on November 30, 2012 and based in Ankara. The National Electoral Commission (HEC) refused to allow the […]

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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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υπερασπιστές ανθρωπίνων δικαιωμάτων

Prohibition of public events as an anti COVID-19 measure and imposition of criminal sanctions! Violation of the freedom of assembly

JUDGMENT Communaute genevoise d’action syndicale (CGAS) v. Switzerland 15.03.2022 (app. no. 21881/20) see here SUMMARY Prohibition of public events of a union as a preventive measure regarding  COVID-19. Freedom of assembly. The applicant association, Communaute genevoise d’action syndicale (CGAS), is based in Geneva. Its aim is to defend the interests of workers and member organizations, especially […]

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