CEDH · CASELAW;CLIN;ENG — 8 juillet 2008

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 110 July 2008 Asssociation of Citizens Radko and Paunkovski v. "the former Yugoslav Republic of Macedonia" - 74651/01 Decision 8.7.2008 [Section V] Article 11 Article 11-1 Freedom of association Dissolution of an association aimed at promoting “the historical identity of the Slavs from Macedonia, who have for centuries appeared as Bulgarians”: admissible   In 2000 ten Macedonian nationals, including the second applicant, founded the first applicant under the name “the Association of Citizens Radko-Ohrid”. The first applicant’s articles of association defined it as an independent, non-political public organisation, which studied and promoted the Macedonian Liberation Movement. In reality, the first applicant’s aims were “raising and affirming the Macedonian cultural space, having as its priority the cultural and historical identity of the Slavs from Macedonia who have appeared as Bulgarians throughout the centuries”. Some months after the first applicant’s establishment, three practising lawyers from Skopje, together with a political party, filed a petition with the Constitutional Court challenging the constitutionality of the first applicant’s articles of association claiming that the first applicant’s aims were to infiltrate Bulgarian linguistic elements into the Macedonian language and alphabet. In March 2001 the Constitutional Court declared the first applicant’s articles and programme null and void. Since its leader taught that Macedonian ethnicity had never existed, but belonged to the Bulgarians, the Constitutional Court concluded that the first applicant’s aims were the violent destruction of the constitutional order and incitement to national or religious hatred or intolerance. Consequently, the competent court of first instance decided ex officio to terminate the first applicant’s activities. Its appeal against that decision was dismissed. The applicants complain under Article 11 that the Constitutional Court’s decision to declare the first applicant’s articles of association null and void violates their right to freedom of association. The second applicant further complains under Article 10 that the dissolution of the first applicant also prevents him from expressing his views regarding the ethnic origin of certain segments of the population. Admissible .   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes