GENOV v. BULGARIA - 40524/08 (Judgment : Violation of Article 9 - Freedom of thought, conscience and religion (Article 9-1 - Freedom of religion) read in the light of...) French Text [2017] ECHR 275 (23 March 2017)

GENOV v. BULGARIA - 40524/08 (Judgment : Violation of Article 9 - Freedom of thought, conscience and religion (Article 9-1 - Freedom of religion) read in the light of...) French Text [2017] ECHR 275 (23 March 2017)

The refusal to register the applicant's association was not necessary in a democratic society, as it imposed a single organizational structure and prevented pluralism, violating Article 9 ECHR interpreted in light of Article 11. The similarity of beliefs and names did not justify the refusal, and the applicant had...

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Citation
[2017] ECHR 275
Parties
Applicant: Asen Georgiev Genov; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
violation of Article 9 ECHR (freedom of religion), interpreted in light of Article 11 (freedom of association)
Legal Topics
Freedom of Religion, Freedom of Association, Registration of Religious Associations
Human Rights Constitutional Law Freedom of Religion Freedom of Association Registration of Religious Associations

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Parties

Asen Georgiev Genov

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the refusal to register a religious association violated the applicant's rights under Article 9 (freedom of religion) and Article 11 (freedom of association) of the European Convention on Human Rights

Ratio Decidendi

The refusal to register the applicant's association was not necessary in a democratic society, as it imposed a single organizational structure and prevented pluralism, violating Article 9 ECHR interpreted in light of Article 11. The similarity of beliefs and names did not justify the refusal, and the applicant had no legal means to register as a branch without the parent association's consent.

Court Disposition

violation of Article 9 ECHR (freedom of religion), interpreted in light of Article 11 (freedom of association)

Orders

  • State must pay applicant 2,000 EUR for moral damages within three months, convertible to Bulgarian levs at applicable rate.
  • State must pay applicant 1,280 EUR for legal costs within three months, convertible to Bulgarian levs at applicable rate, to be paid to applicant's lawyer.