CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 16 novembre 2017

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THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA   (Application no. 3532/07)             JUDGMENT     STRASBOURG   16 November 2017   FINAL   09/04/2018   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.   In the case of “Orthodox Ohrid Archdiocese (Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy)” v. the former Yugoslav Republic of Macedonia, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Linos-Alexandre Sicilianos, President,   Kristina Pardalos,   Aleš Pejchal,   Krzysztof Wojtyczek,   Armen Harutyunyan,   Tim Eicke,   Jovan Ilievski, judges, and Abel Campos, Section Registrar, Having deliberated in private on 17 October 2017, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 3532/07) against the former Yugoslav Republic of Macedonia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by “Orthodox Ohrid Archdiocese”, later renamed into “Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy”, a religious association that was not allowed registration at national level, (“the applicant association”), on 25 December 2006. 2.     The applicant association was represented by the Helsinki Committee for Human Rights in Skopje. The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov succeeded by Ms D. Djonova. 3.     The applicant association alleged, in particular, that the refusal of the respondent State to register it violated its rights to freedom of religion and association and breached the principle of prohibition on discrimination. 4.     On 22 February 2013 the application was communicated to the Government. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE A.     Background to the case 5.     The Ohrid Archdiocese ( Охридска Архиепископија ), in its original form, existed until 1767, when it was abolished by the Turkish Sultan. As stated by the applicant association, after its abolition the territory over which the Ohrid Archdiocese had jurisdiction, which had included what is now the territory of the respondent State, fell under the jurisdiction of the Ecumenical Patriarchate of Constantinople, which in 1918 issued a canonical release of those territories to the benefit of the Serbian Orthodox Church (SOC). As stated by the Government, in 1943 it was decided that the Ohrid Archdiocese would be restored and continued by an autonomous Macedonian Orthodox Church (MOC). In 1959 the MOC seceded from the SOC, and in 1967 it declared autocephaly. The Head of the Holy Synod of MOC is designated as “Archbishop of Ohrid and Macedonia” ( Архиепископ Охридски и Македонски ). 6.     In negotiations which have been continuing since then, on 17   May 2002 the two churches signed a draft agreement (known as “the Niš agreement”) which provided for ecclesiastical union between them. It further specified that the MOC would renounce its autocephaly and obtain widest autonomy within the SOC under the name “Ohrid Archdiocese”. 7.     According to the Government, during the negotiations and the signing of the Niš agreement, there had been strong reaction by the public, which regarded the draft agreement as “a scandalous and indecent act of treason” and, owing to strong pressure by the public, on 25 May 2002 the Holy Synod of the MOC ultimately rejected this agreement. The applicant association disagreed that the rejection of the agreement had resulted solely from the reaction by the public and submitted that “the main pressure came directly from the Macedonian authorities who stood behind the protests”. 8.     Mr J. Vraniškovski, a bishop and a member of the Holy Synod of the MOC at the time, was supportive of the Niš agreement. After the Holy Synod of the MOC had rejected that agreement, Mr Vraniškovski accepted a call by the SOC for reunification dated 20 June 2002; on 21 June 2002 he publicly announced that he was prepared for canonical union with the SOC. The Government submitted that that had provoked a public reaction and that there had been street protests in several cities in the respondent State. 9.     On 5 July 2002 the Holy Synod of the MOC dismissed Mr   Vraniškovski on the ground that, by his unilateral accession to the SOC, he had violated the oath by which he had bound himself to safeguard the Church’s unity and Constitution (see Vraniškoski v. the former Yugoslav Republic of Macedonia (dec.) 39168/03, 22 June 2010). On 23   September 2002 the SOC declared the dismissal of Mr Vraniškovski null and void and appointed him “exarch of the Peć Archbishop and the Patriarch of Serbia for all eparchies of the Ohrid Archdiocese”. B.     Procedure for registration of the applicant association under the name “Orthodox Ohrid Archdiocese” 1.     Registration proceedings 10.     On 25 December 2003 the applicant association constituted its own Holy Synod and appointed Mr Vraniškovski as its President. By a letter of 16 January 2004, received by the Commission for religious communities and groups (“the Commission”, Комисија за односи со верските заедници и религиозните групи ) on 27 January 2004, Mr Vraniškovski requested an opinion as to whether the applicant association should be registered, given that “in all civilised States a church, which is older than the State is accepted without needing to be registered.” The letter, which remained unanswered, further stated: “... the true Macedonian Orthodox Church is the Orthodox Ohrid Archdiocese. It is a legitimate church, recognised by all churches in the world, so all who want to be Orthodox are welcome, the doors are open. Those who are schismatic should join the schismatic Synod (MOC). The Orthodox Ohrid Archdiocese has nothing against the State registering schisms ... but it is against the State preventing its spiritual and leading operation in the Republic of Macedonia ...” 11.     On 6 September 2004 Mr Vraniškovski submitted an application ( барање за регистрирање ) seeking that the applicant association be registered as a religious group ( религиозна група ). In support of the application, the applicant association submitted the following documents: (a) a founding decision of 1   September 2004 rendered by its Holy Synod . Under section 1 of that decision, the applicant association was defined “as a voluntary, non-profit association of Christians that were not associated with any other religious community or group”. Its aim was to acquire legal-entity status and to manage its property. The decision specified the temporary place of registration of the applicant association and authorised Mr   Vraniškovski to submit an application for registration on behalf of the applicant association; (b) a list of its adherents; and (c) a Charter on the organisation and operation of the applicant (“the Charter”). The latter provided that the applicant “would be autonomous within the canonical jurisdiction of the Peć Patriarchy (the SOC)”; it specified that its temporary place of registration would be in Bitola, in the respondent State, “until it was possible to designate a permanent seat”; and that the applicant association and its structural units were legal entities and could obtain and manage property. It further provided that all legal persons that the applicant association might set up could have bank accounts. 12.     On 30 September 2004 the Commission found the application to be incomplete, and requested that the applicant association submit the following further documents: a) a copy of a decision appointing the authorised person to seek registration of the applicant association and b) a copy of the minutes of the constituent assembly. On 18 October 2004 the applicant association submitted the requested documents. 13.     On 3 November 2004 the Commission dismissed the application ( се   одбива барањето за пријавување) for the following reasons: (a)     the application was not submitted by an authorised person. The Commission held that it had been submitted by a certain J.N. (Bishop D.) and not by Mr Vraniškovski, who had been authorised to seek registration of the applicant association; (b)     the application for registration had been submitted outside the thirty ‑ day time-limit specified in section 11 (1) of the Act on Religious Communities and Religious Groups (“the 1997 Act”, see paragraph 47 below), which had started to run on 25 December 2003, the date on which the applicant association’s Holy Synod had been set up (see paragraph 10 above); (c)     relying on the applicant association’s Charter, the Commission established that it would act as an autonomous religious group in canonical union with the Peć Patriarchy (SOC). That the applicant association would operate as part of a foreign orthodox church was, in the Commission’s view, in violation of section 12 of the 1997 Act. The Commission further stated that a religious community could be established only by nationals of the respondent State, and not by a foreign church or State; (d)     the applicant association had emerged from an already existing and registered religious community, notably the MOC, whose position and role had been specified in the Constitution. The fact that the applicant association had sought registration under the name “Orthodox Ohrid Archdiocese” had implied that its real intention was to create a parallel orthodox religious group to the MOC, which had been using that name (Orthodox Ohrid Archdiocese) “constitutionally, historically, actually and continuously” ( уставно, историски, актуелно и во континуитет ) for over eight centuries. That was not in compliance with section 8 (2) of the 1997 Act, under which only one religious community could be registered for one faith group. The Commission referred to a decision of the Constitutional Court which had found that provision compliant with the Constitution. It had ruled that the provision had protected people from being manipulated and same-faith believers from being divided into several religious groups ( U.br.223/97 of 28 October 1998, see paragraph 54 below). The Commission also argued that the Preamble to the Constitution of the MOC specified that it was the canonical successor to the Ohrid Archdiocese. This was confirmed on 17 July 1967 when the Ohrid Archdiocese declared autocephaly, which was continued by the MOC. The Commission further held that on 6 August 2004 the MOC had asked the Industrial Property Bureau (“the Bureau”, Завод за заштита на индустриската сопственост ) to register the name “Macedonian Orthodox Church-Ohrid Archdiocese” in its trademark register (TM 2004/574). Moreover, on 13 August 2004 the MOC had asked the Commission to prevent registration of several names, including the name “Ohrid Archdiocese”, to which it was entitled for historical, religious and moral reasons; and (e)     the Commission held that property-related provisions of the applicant’s Charter were contrary to section 9 of the 1997 Act, according to which a religious group was a voluntary, non-profit association of believers. 14.     In its decision of 3 November 2004, the Commission further referred to several international documents and a Declaration that the Parliament of the respondent State adopted in 2004 regarding the MOC (see paragraph 51 below). 15.     The applicant association complained against this decision, arguing that: (a)     the application for registration had been submitted by Mr   Vraniškovski. J.N. had only handed it over to the Commission’s archives; (b)     the applicant association had been founded formally on 1   September   2004. On 25 December 2003, the date to which the Commission referred in its decision, the applicant association had only appointed the members of its Holy Synod; (c)     the applicant association was a new religious community that had no connection with, let alone stemmed from, the MOC, which, in any event, had not been recognised by any Orthodox Church; (d)     the fact that the MOC had sought to have the Bureau add “Ohrid Archdiocese” to its name was irrelevant, since no such name existed in the Commission’s records; (e)     the applicant association had denied that it had been set up by a foreign church or a foreign State. That it would operate in canonical union with another church of same religion did not imply that it had been founded contrary to section 9 (2) of the 1997 Act; 16.     On 11 January 2005 the Government Appeal Commission ( Комисија за решавање во управна постапка во втор степен од областа на внатрешни работи, судството, државната управа, локалната самоуправа и работите од верски карактер ) dismissed the appeal, finding no grounds to depart from the established facts and the reasons given by the Commission. 17.     The applicant association challenged these decisions before the Supreme Court. In addition to the arguments already raised, it submitted that its name was neither identical with nor similar to the name of any other religious community or group registered by the Commission. 18.     On 9 November 2005 the Supreme Court dismissed the applicant’s claim. It held that the applicant association’s name had implied creation of a parallel religious community, rather than a religious group as claimed, given that its name was substantially the same as the name of the MOC. The court referred to the applicant association’s Charter and found that its determination to operate as an autonomous church in canonical union with the Peć Patriarchy was contrary to the fact that the MOC had canonical jurisdiction in the territory of the respondent State. It also held that property-related rules were in violation of section 16 of the 1997 Act. The court accepted the remaining reasoning given by the administrative bodies. That decision was served on the applicant on 15 July 2006. 2.     Proceedings before the Constitutional Court 19.     On 15 July 2007 Bishop D. applied to the Constitutional Court, claiming that the refusal of the authorities to register the applicant association violated the freedom of belief and religion specified in Article   110 § 3 of the Constitution. While relying on the decisions of the authorities refusing the applicant association’s registration as “Orthodox Ohrid Archdiocese”, he also notified the court that a fresh application for registration had been submitted under the name “Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy” (see paragraphs 23-34 below). He stated, inter alia : “... it is obvious that followers of our religious organisation have been deprived of the rights specified in Articles 16 and 19 of the Constitution for seven years ... the Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy is a religious organisation which should protect the religious needs of, among others, Serbs and Greeks in the Republic of Macedonia. It is an autonomous church under jurisdiction of the Peć Patriarchy, notably the Serbian Orthodox Church ...” 20.     On 9 September 2009 ( U.br.184/09 ) the Constitutional Court rejected the appeal, which, as specified in the decision, concerned “freedom of belief and prohibition of discrimination on religious grounds”. Relying on, inter alia , Articles 9, 16 and 19 of the Constitution (see paragraphs   42 ‑ 44 below), the court found: “The complainant did not claim personal protection from discrimination ... but, he acts as a representative of a group of people with which he is associated ...” 21.     It further stated: “The Constitutional Court has no jurisdiction to decide on the rights and interests of citizens in specific cases before administrative and judicial bodies. Neither has it jurisdiction to decide as a hierarchically superior court and examine the lawfulness and constitutionality of decisions adopted by competent administrative bodies ... the complainant refers to the non-registration as an action, but such an action ... stems from an individual decision which this court is not competent to examine ... the registration of ... a religious community or a group does not determine the religious beliefs and internal religious belief of a person, since expression of beliefs is an individual act, the registration procedure does not affect personal religious belief and rituals, and the court has not been presented with any evidence that they have been violated at any point.” 22.     The court also held that the appeal had been submitted outside the two-month time-limit specified in the Rules of the Constitutional Court (see paragraph 52 below), calculated since 9 November 2005, the date of the Supreme Court’s decision (see paragraph 18 above). C.     Procedure for registration of the applicant association under the name “Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy” (Грко-Православна Охридска Архиепископија на Пеќката Патријаршија) 1.     Registration proceedings 23.     On 20 September 2007 a new Act on the legal status of churches, religious communities and religious groups (“the 2007 Act”) was adopted. It entered into force on 1 May 2008. 24.     On 3 and 6 April 2009 the applicant association inspected the register of churches, religious groups and communities (“the court register”) of the Skopje Court of First Instance, which became, by virtue of the 2007 Act, the registration court. From 11 November 2008 onwards the MOC was recorded in the court register as “Macedonian Orthodox Church-Ohrid Archdiocese”. The registration decision stated that in communication with third parties it would use the name “Macedonian Orthodox Church”. 25.     According to “the minutes of the constituent assembly” ( записник од основачкото собрание ) “... at the proposal of His Beatitude ( Неговото Блаженство ), the Archbishop of Ohrid and Metropolitan of Skopje Mr   Jovan (Vraniškovski), the Holy Synod of the Orthodox Ohrid Archdiocese composed of (Bishops J., M., and D., all Macedonian nationals) convened a meeting on 27 April 2009 in order to adopt decisions for setting up and registration of “the Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy”. The minutes of the constituent assembly were signed by all three bishops (their personal identity numbers and addresses were provided therein). 26.     On the same date a decision setting up the applicant association was adopted. As stated in its introductory part, “at a meeting dated 27   April 2009 the Holy Synod decided to submit a request to the Skopje Court of First Instance for registration of ‘the Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy’”. It was set up “as a voluntary, non-profit organisation of Christians who are not associated with any other registered religious community, and, in particular, has no connection with (the MOC)”. It further stated: “It is an Orthodox church in full canonical and liturgical union with all recognised Orthodox churches in the world. For this reason, we consider that we should be registered as a church, but if the court considers otherwise, we would accept registration as a religious community or religious group.” 27.     The decision further indicated that the applicant association’s temporary place of registration would be in Bitola, in the respondent State. Bishop D. was authorised to submit the application for registration. He was also nominated to act on behalf of the applicant association ( застапува ) in relations with other legal entities until “... Mr Jovan (Vraniškovski) returned from exile”. 28.     The applicant association’s Charter on the status, organisation and operation of the association (“the Charter”) provided that it was “an autonomous church under the canonical jurisdiction of the Peć Patriarchy” (section 2). The Holy Synod was “the highest managerial body” of the applicant (section 6). It was composed of the Archbishop and two eparchy bishops (section 9). The assembly of archbishops ( архиепископско собрание ) was “the supreme regulatory, administrative, supervisory and executive body concerning internal, financial and religious self-management” (section 12). 29.     On 28 April 2009 Bishop D. submitted an application for registration of the “Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy” as “one of the churches” in the respondent State. The application expressly stated that the applicant association would agree to be registered as a religious community or group if the registration court found this more appropriate. The applicant association further expressed willingness to submit any documents, if need be, in order to avoid its application being refused. It was also stated that a refusal to register a religious group would be unjustified in a democratic society unless it was proven that the teaching of the group was destructive. That had not been the case with the ‘“Greek-Orthodox Ohrid Archdiocese of Peć Patriarchy’ which is two thousand years old”. It further stated that: “... any refusal to register ‘the Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy’ is an obstacle to the Republic of Macedonia’s future membership of the European Union ... It will not be pleasant, at the present time and place in history, if a judge appears as a persecutor of a church. Any person who does not respect human rights and freedoms regarding association of people on religious grounds, especially if he or she is a judge ... does not differ much from famous persecutors of the Holy Church ... we wrote the above in order to warn that it will be unpleasant if the court does not register ‘the Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy’ ...” 30.     On 10 July 2009, without reference to the applicant, the registration court sought an explanation from the MOC as to the meaning of the notion of “Peć Patriarchy”. On 21 July 2009 the MOC replied (the reply was reproduced in the decision of the registration court of 28 July 2009, see paragraph 31 below) as follows: ‘“Peć Patriarchy’ forms part of the name of the Serbian Orthodox Church and expresses the historical continuity of the Serbian Orthodox Church as canonical heir of the Peć Patriarchy: in the same way the name ‘Ohrid Archdiocese’ is part of the name of the Macedonian Orthodox Church. The name ‘Ohrid Archdiocese’ is protected by the Macedonian Orthodox Church in the Industrial Property Bureau. The Serbian Orthodox Church, specifically the Peć Patriarchy, has no canonical or any other jurisdiction over the Macedonian Orthodox Church or in the territory of the Republic of Macedonia.” 31.     On 28 July 2009 the registration court dismissed the applicant association’s request for registration in the court register ( се одбива барањето за упис ) for the following reasons: (a)     it was founded by the so-called Holy Synod, as a body, which was contrary to section 2 of the 2007 Act (see paragraph 49 below) according to which a decision to establish a religious entity was to be taken by the founding members at a constituent assembly. No such assembly had been held in the applicant’s case; (b)     the application for registration concerned an organisation which had not been provided for under the 2007 Act. Its name did not specify whether it was a church, religious community or religious group. On the contrary, it implied that it was a divine organisation, which would operate as an autonomous Archdiocese under the canonical jurisdiction of the Peć Patriarchy. “It did not state that it was a voluntary organisation of physical persons” as required under section 2 of the 2007 Act; (c)     the intended name of the applicant association included names or terms that were part of or indicated a relationship with the official names of States or religious communities or canonical territories already registered and under foreign jurisdiction. In this connection it held that the term “Greek” ( Грко ) was an English translation of “Orthodox Church”. Its use was not in conformity with the 2007 Act (section 10 (3)). The “Orthodox Ohrid Archdiocese” partly covered the generic and historical name of the MOC; it did not differ from the latter’s registered name. That name (Ohrid Archdiocese) has been used by the MOC “constitutionally, historically, actually and continuously” for over 800 years, and only the MOC had the “historical, religious, moral and substantive right” to use it. In this connection the court held that the legal status, name and official insignia of the MOC were safeguarded by the 2007 Act and the Constitution. That the applicant’s intended name implied that it was under the territorial jurisdiction of a foreign church was in contravention of the 2007 Act and other laws. It was so because the MOC had canonical jurisdiction in the territory of the respondent State. It was only formally indicated that the applicant association would operate as an autonomous church. If registration was granted “it would operate in the territory of the respondent State as part of a foreign orthodox church ... it would operate and be managed autonomously within the canonical jurisdiction of the Peć Patriarchy, notably (the SOC) ... which had no canonical or any other jurisdiction over (the MOC) or in the territory of (the respondent State).” That was in violation of Article 1 of the UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Article 18 of the UN Universal Declaration of Human Rights and Article 9 of the Convention; (d)     the founding decision had specified only the temporary place of registration of the applicant association, without specifying “a specific seat and address” ( точно одредено седиште и адреса ), as required under section 13 § 1 (2) of the 2007 Act; and (e)     Bishop D. was nominated to act on behalf ( застапува ) of the applicant association, but not to represent ( претставува ) it, as required under section 12 § 2 (5) of the 2007 Act. 32.     The registration court concluded that the applicant association’s registration would run counter to the 2007 Act. It further stated that: “(such a registration would violate) the freedom of religion ... of all physical persons, which they manifest through already registered religious communities. It would also violate the legitimate legal status of other voluntary associations of persons recorded in the court register ... their management bodies, hierarchy, competencies, titles, religious activities ...” 33.     The applicant appealed, arguing (i) that the court had erred when seeking “an expert opinion” about the meaning of “Peć Patriarchy” from the MOC, which was not neutral; (ii) that the registration of the MOC in November 2008 under the name “Macedonian Orthodox Church-Ohrid Archdiocese” had been unlawful. In this connection, the applicant submitted extracts from several media reports published at the time, according to which the competent body of the MOC, at its meeting held on 4 and 5   October 2008, had refused to change the name in its Constitution; (iii) that the MOC had applied to the Bureau for registration of the name “Macedonian Orthodox Church-Ohrid Archdiocese” as a trademark was irrelevant, since the Industrial Property Act concerned goods and services and not religious organisations. In this connection, the applicant argued that, in any event, the Bureau had confirmed that on 6 August 2004 the MOC had requested registration of seventeen trademarks, including the trademark “Macedonian Orthodox Church-Ohrid Archdiocese”. However, the MOC had never paid the registration fee for any of the trademarks for which registration had been sought. Consequently, those names were never registered as trademarks, nor were trademark certificates ever issued; (iv)   the applicant association was set up by three founding members who had signed the minutes of the constituent assembly held on 27 April 2009. Consequently, the court had been wrong to hold that the founding decision had been rendered by the applicant association’s Holy Synod, as that body had no legal capacity to act before the applicant association was registered; (v) no reasonable explanation had been given as to why the applicant association’s intended name did not imply that it concerned a religious organisation; (vi) the court’s interpretation that the expression “Greek” was an English translation of “Orthodox Church” was wrong; (vii) the intended name of the applicant association was different from the name of any registered religious organisation, including the name of the MOC to which “Ohrid Archdiocese” had been unlawfully added. In this connection the applicant stated “(it) differs from the MOC, with which we refuse to be associated.” It further submitted that the court had allowed registration of two churches despite the fact that their names were substantially the same, namely “Christian Adventist Church (church of the Adventists of the Seventh Day) in the Republic of Macedonia” and “Christian Adventist Church in Macedonia”. It concluded the discussion under this head by saying that “had the court had difficulty with the intended name, it could have raised that issue in written correspondence and we would have replied. This clearly suggests that the court would refuse to register [the applicant association] under any name”; (viii) the registration court had given unsubstantiated explanations of a theological and historical nature favourable to the MOC; (ix) the applicable legislation did not preclude a religious community from being in canonical union with other churches in the world; (x) the refusal to register the applicant association violated the freedom of religion of the orthodox Greeks and Serbs in the respondent State, as the intended name suggested that it represented those communities; and (xii) lastly, the applicant association reiterated that it was ready to rectify any error the registration court might ask it to. 34.     On 4 February 2010 the Skopje Court of Appeal dismissed the applicant association’s appeal, reiterating the reasoning given by the registration court. 2.     Proceedings before the Constitutional Court 35.     On an unspecified date thereafter, D.N. (Bishop D.) submitted a constitutional appeal to the Constitutional Court, claiming that the authorities’ refusal to register the applicant as “the Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy” had affected his religious rights specified in Articles 16 and 19 of the Constitution and Article 9 of the Convention. In this connection, he claimed that the religious organisation with which he was affiliated had not been allowed registration for many years, and thus had been denied the opportunity to obtain legal-entity status. He stated “I’m prevented from exercising my freedom of religious observance in association with other people on a voluntary basis.” He further argued that without legal-entity status the applicant association was prevented from enjoying certain statutory rights: it could not construct religious temples; its members could not conduct religious ceremonies; it could not instruct religion or create religious schools; and it could not manage its property, nor could it hold bank accounts. Bishop D. invited the court to consider his appeal as submitted on behalf of all members of his religious organisation. Since the Constitutional Court had already rejected a similar appeal lodged on behalf of several people (U.br.182/09, see paragraph 55 below), he consented that his appeal be regarded as being submitted only in his name. He further stated: “I agree, and after having consulted the other members of my religious community, I know that they also agree, that the Constitutional Court orders registration of the Greek Orthodox Ohrid Archdiocese of the Peć Patriarchy under conditions specified by law and we would adjust to any requirements set by the court. If a change in the name is needed, that should be indicated as a condition for our registration and once it is satisfied, (we) should be registered. If another condition should be fulfilled, that should be specified and we will try to accommodate it.” 36.     On 15 December 2010 the Constitutional Court rejected the constitutional appeal of D.N. concerning “the freedom of belief and prohibition of discrimination on religious grounds” ( U.br.118/10 ). Referring to the courts’ decisions rejecting the applicant association’s request for registration as “Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy” and relying on Articles 9, 16 and 19 of the Constitution and Article 9 of the Convention, the court stated: “The court cannot examine the appeal on the merits since the complainant did not comply with the formal statutory requirements before a competent court (for registration of the applicant). The complainant is willing to comply with the statutory requirements for registration, but he has failed to do so in practice and (he) does not prove that the competent court was wrong in its judgment that those requirements had not been complied with ... in such circumstances, this court cannot rule on the request for the protection of human rights and freedoms in relation to specific final decisions of competent bodies. It is so since the person concerned ( субјектот ) did not take any action in the court proceedings to comply with the statutory requirements, which apply similarly to all citizens. This derives from his request that this court suggest to him what needs to be done for (the applicant association) to be registered, which implies knowledge that there were (certain) flaws which led to non-registration. The complainant was not a priori refused registration of his religious community by a final judicial decision. The refusal he received was for non-compliance with the statutory requirements.” D.     Other relevant information 37.     An article published in the daily newspaper Dnevnik on 26   September 2002 quoted the then Chairman of the Commission (see paragraph 10 above), who stated that: “not at any price will Bishop Jovan (Vraniskoski) be allowed to perform religious rituals or to have a seat in an exarchate.” 38.     An article published in the daily newspaper Vest on 8 April 2004 quoted the following part of a joint statement by the then President of the respondent State and the Archbishop of the MOC: “The MOC and the Macedonian State are and will remain together. Schismatics and renegades should be marginalised, isolated and rejected. The media attention they receive, irrespective of motives and intentions, affects both the MOC and Macedonian national and State interests.” 39.     An article published in the daily newspaper Večer on 23   November 2006 reported on discussions held between the Prime Minister of the respondent State and the Archbishop of the MOC regarding certain provisions of the 2007 Act. Following that discussion, the majority of bishops in the MOC, as stated in the article, had requested that the MOC should not accept any compromise which would prevent it from protecting itself against a parallel church, led by Mr Vraniškovski, being created. 40.     An article published in the daily newspaper Večer on 2 June 2009 reported on the alleged discontent of the applicant’s followers about its name as submitted in the second registration proceedings. In this connection the article quoted a letter by Mr Vraniškovski in which he allegedly stated: “The (Holy) Synod was governed by the idea that the name of the religious community in respect of which we seek registration does not betray the essence of our Church. You know well that Greek-Orthodox does not mean Greek (by nationality) of Orthodox faith, but that name refers to all known Christian Orthodox Churches.” 41.     The article continued, stating that Mr Vraniškovski had further asserted that the second part of the name was reasonable because the “Ohrid Orthodox Archdiocese” was a part of the Peć Patriarchy. II.     RELEVANT DOMESTIC LAW AND PRACTICE A.     Relevant domestic law 1.     Constitution of 1991, as modified by Amendment VII 42.     Article 9 of the Constitution reads as follows: “Citizens of the Republic of Macedonia are equal in their freedoms and rights, regardless of their sex, race, colour of skin, national and social origin, political and religious beliefs, property and social status. All citizens are equal before the Constitution and law.” 43.     Article 16 of the Constitution, as far as relevant, reads as follows: “Freedom of personal belief, conscience, and thought, and public expression of thought, are guaranteed. Freedom of speech, public address, public information and the establishment of institutions for public information are all guaranteed ...” 44.     Article 19 of the Constitution, in so far as relevant, reads as follows: “Freedom of religious confession is guaranteed. The right to express one’s faith freely and publicly, individually or with others is guaranteed. The Macedonian Orthodox Church, as well as the Islamic religious community in Macedonia, the Catholic Church, the Evangelical Methodist Church, the Jewish community and other religious communities and groups are separate from the State and equal before the law. The Macedonian Orthodox Church, as well as the Islamic religious community in Macedonia, the Catholic Church, the Evangelical Methodist Church, the Jewish community and other religious communities and groups are free to establish schools and other social and charitable institutions, by means of a procedure regulated by law.” 45.     Article 20 of the Constitution, as far as relevant, reads as follows: “Citizens are guaranteed freedom of association to exercise and protect their political, economic, social, cultural and other rights and beliefs. Citizens may freely establish associations of citizens and political parties, join them, and resign from them ...” 46.     Article 110 § 3 of the Constitution reads as follows: “The Constitutional Court of the Republic of Macedonia ... (3)     safeguards the freedoms and rights of individuals and citizens concerning the freedom of belief, conscience, thought and public expression of thought; political association and activity and the prohibition of discrimination among citizens on the grounds of sex, race, religion or national, social or political affiliation ...” 2.     Act on religious communities and religious groups of 1997 (Official Gazette no. 35/1997) 47.     The relevant provisions of the 1997 Act read as follows: Section 3(2) “Religious communities and groups carry out their activity in accordance with the Constitution, laws and other regulations.” Section 8 “A religious community is a voluntary non-profit association of same-faith believers. Only one religious community may exist for one religious denomination.” Section 9 “A religious group, according to this law, is a voluntary non-profit association of same-faith believers which is not associated with any registered religious community. Citizens may freely and publicly establish religious groups in accordance with this law.” Section 11(1) “The founders of a religious group must designate a responsible person to submit before the competent body an application ( пријава ) within thirty days of the adoption of a decision to establish the group ...” Section 12 “The name of a religious group should be substantially different from the names of already registered religious communities or groups. The name should imply that it is about a religious group and its creed. The name of a religious community or group should not include the words ‘Republic of Macedonia’, names of foreign States, State or public bodies or institutions, or other insignia. The seat of a religious community or group ... must be in the Republic of Macedonia.” Section 16 “Religious communities and groups can obtain voluntary contributions for religious and humanitarian purposes. Contributions can be collected on premises that are used for religious rituals, and outside these premises on approval by the competent body for internal affairs. No one can be forced to make or prevented from making contributions for the purposes specified in sub-paragraph 1 above. Religious communities and groups cannot compel their believers to make such contributions.” 48.     Sections 7, 15, 20, 22, 24, 25 provided that religious organisations could set up social and humanitarian associations, publish literature, carry out religious rituals, obtain property and other income, set up religious schools, and instruct religion. 3.     Act on legal status of churches, religious communities and groups (Official Gazette. No.113/2007) 49.     The relevant provisions of the 2007 Act, which repeals 1997 Act (section 36), read as follows: Section 2 “A church, religious community or group is a voluntary association of physical persons who profess their freedom of religion ...” Section 5 “Churches, religious communities and groups are free to choose their internal organisation, their management, hierarchy and competency, to appoint responsible persons to act on their behalf ( застапуваат ), and to represent ( претставуваат ) them, and to adopt relevant decisions.” Section 6 “The State respects the identity of churches, religious communities, groups and other forms of religious associations with which it is in a relationship of mutual dialogue and continuing cooperation.” Section 8 “Freedom of expression in terms of religion or thought can be limited in accordance with law only if necessary in the interest of public safety, order, health or morals, as well as the protection of the rights and freedoms of others.” Section 9 “(1)     Churches, religious communities and religious groups are registered in the Single Court Register ... and thus obtain legal-entity status ... (3)     A church, religious community or religious group may be entered in the register only if that church, religious community or religious group has not already been registered.” Section 10 “(1)     The name and insignia of any new church, religious community and religious group should be different from the names and insignia of other already registered churches, religious communities or groups ... (3)     The term ‘Macedonia’ can be used upon written approval by the Ministry of Justice.” Section 12 “... (2) The following documents are to be enclosed with an application for registration (of a religious entity): the minutes of the constituent assembly; the founding decision; its Charter concerning its status, organisation and operation; a description of its doctrinal sources; a decision authorising a responsible person to act on behalf of and to represent the church, religious community or group; and a certificate of nationality concerning the founders and the person who represents the (religious entity). (3) Churches, religious communities and groups are all required to appoint a person who will submit an application for registration within thirty days of the date of adoption of the founding decision. (4) If all the documents listed in sub-paragraph (1) of this provision are not enclosed with the application, the competent court will invite the applicant to submit the requested documents within fifteen days, under threat of the application’s being rejected.” Section 13 “(1)     The founding decision must specify the following: ... the seat and address of the church, religious community or group in the Republic of Macedonia; ...” 50.     Sections 18, 21, 22 and 30 concern religious rituals and ceremonies, the right of churches, religious communities and groups to carry out religious teaching and establish religious schools and humanitarian, cultural, social, health, charitable and other institutions in procedures and under conditions specified by law. 4.     Declaration of 23 January 2004 adopted by the Parliament of the respondent State in support of the MOC’s autocephaly (Official Gazette no.4/2004) 51.     Expressing its regard to MOC’s position in the Constitution, its historical role for the Macedonian people and the role of religious communities in ensuring mutual understanding and tolerance between religious confessions, Parliament adopted a Declaration in which it re-stated its support for the autocephaly and unity of the Macedonian Orthodox Church. The Church was encouraged to maintain its unity and recognition of its name and autocephaly by other Orthodox churches. The Declaration further stated Parliament’s commitment to maintaining freedom of religion and encouraging mutual respect among all citizens, irrespective of their religious, national or any other affiliation. 5.     Rules of the Constitutional Court 52.     Section 51 of the Rules of the Constitutional Court provides as follows: “Any citizen who considers that his or her right or freedom set out in Article 110 § 3 of the Constitution has been violated by a binding individual decision or an action shall have the right to make an application to the Constitutional Court within two months of the day he or she was served with the binding decision or the day he or she became aware of the action, but no longer than five years after the action.” 53.     Section 56 of the Rules provides as follows: “