CEDH · CASELAW;CLIN;ENG — 21 juin 2007

.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. 98 June 2007 Zhechev v. Bulgaria - 57045/00 Judgment 21.6.2007 [Section V] Article 11 Article 11-1 Freedom of association Refusal to register association on the ground that its aims were “political” and incompatible with the Constitution: violation   Facts : The applicant is the chairman of the association “Civil Society for Bulgarian Interests, National Dignity, Union and Integration – for Bulgaria” whose aims include, in particular, repealing the Bulgarian Constitution of 1991, restoring the monarchy and “opening” the border between the former Yugoslav Republic of Macedonia and Bulgaria. He complained about the domestic courts' refusal to register the association on the ground that its aims were political and incompatible with the Constitution. Law : Restoring the monarchy or campaigning for change to legal and constitutional structures were not in themselves incompatible with the principles of democracy. Neither could “the opening of” a border jeopardise a country's integrity or national security. It had not been suggested either that the association would use violent or undemocratic means to achieve its aims. Moreover, as associations were not allowed to participate in national, local or European elections there was no “pressing social need” to require every association deemed to pursue “political” goals to register as a political party, especially in view of the fact that the exact meaning of that term appeared quite vague under Bulgarian law. In sum, the reasons given by the domestic authorities to refuse registration of the association had not been relevant or sufficient and that refusal had had radical consequences for the association in that it had been prevented from commencing any activity. Conclusion : violation (unanimously). Article   41 – The Court accepted that Mr   Zhechev had sustained non-pecuniary damage but held that the finding of a violation constituted sufficient compensation.   © 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