YORDANOVI v. BULGARIA - 11157/11 (Judgment : Freedom of assembly and association : Fifth Section) French Text [2020] ECHR 602 (03 September 2020)

YORDANOVI v. BULGARIA - 11157/11 (Judgment : Freedom of assembly and association : Fifth Section) French Text [2020] ECHR 602 (03 September 2020)

The Court found that while the restriction was prescribed by law and pursued legitimate aims (defense of order and protection of the rights and freedoms of others), the use of criminal prosecution and sanctions for attempting to create a political party on a religious basis was not necessary in a democratic society....

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Citation
[2020] ECHR 602
Parties
Applicant: Rosen Marinov Yordanov; Applicant: Atanas Marinov Yordanov; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 11 ECHR (freedom of association)
Legal Topics
Freedom of Association, Freedom of Assembly, Political Parties, Religious Discrimination, Proportionality of Criminal Sanctions
Human Rights Law Constitutional Law Criminal Law Freedom of Association Freedom of Assembly Political Parties Religious Discrimination Proportionality of Criminal Sanctions

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Parties

Rosen Marinov Yordanov

Applicant

Atanas Marinov Yordanov

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether criminal prosecution for attempting to form a political party on a religious basis constitutes an unjustified restriction of the right to freedom of association under Article 11 ECHR
  2. 2 Whether such prosecution is necessary in a democratic society and proportionate to the legitimate aims pursued

Ratio Decidendi

The Court found that while the restriction was prescribed by law and pursued legitimate aims (defense of order and protection of the rights and freedoms of others), the use of criminal prosecution and sanctions for attempting to create a political party on a religious basis was not necessary in a democratic society. The Court held that less severe measures, such as refusal of registration or dissolution, would have sufficed, and that criminal proceedings constituted a disproportionate interference with the applicants' right to freedom of association under Article 11 ECHR.

Court Disposition

Violation of Article 11 ECHR (freedom of association)

Orders

  • The Court finds a violation of Article 11 of the Convention.
  • The respondent State is to pay the applicants EUR 2,045 in respect of pecuniary damages.