STOWARZYSZENIE WIETNAMCZYKOW W POLSCE 'SOLIDARNOSC I PRZYJAZN' v. POLAND - 7389/09 (Judgment : Violation of Article 13+11-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 11 - Freedom of assembly...) [2017] ECHR 387 (02 May 2017)

STOWARZYSZENIE WIETNAMCZYKOW W POLSCE 'SOLIDARNOSC I PRZYJAZN' v. POLAND - 7389/09 (Judgment : Violation of Article 13+11-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 11 - Freedom of assembly...) [2017] ECHR 387 (02 May 2017)

The applicant association was denied an effective domestic remedy to challenge the ban on two demonstrations before their scheduled dates, violating Article 13 in conjunction with Article 11. The appeal procedure was ineffective as decisions were issued after the events, rendering the remedy post-hoc and inadequate....

Source-derived case information.

Citation
[2017] ECHR 387
Parties
Applicant: Stowarzyszenie Wietnamczyków w Polsce ‘Solidarność i Przyjaźń’; Respondent: Republic of Poland
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
violation found
Legal Topics
Freedom of Assembly, Effective Remedies, Peaceful Protest, Administrative Procedure
Human Rights Constitutional Law Administrative Law Freedom of Assembly Effective Remedies Peaceful Protest Administrative Procedure

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Parties

Stowarzyszenie Wietnamczyków w Polsce ‘Solidarność i Przyjaźń’

Applicant

Republic of Poland

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the applicant association was denied an effective remedy against the ban on demonstrations in violation of Article 13 in conjunction with Article 11 of the Convention
  2. 2 Whether the ban on two peaceful demonstrations breached the applicant association’s right to freedom of assembly under Article 11

Ratio Decidendi

The applicant association was denied an effective domestic remedy to challenge the ban on two demonstrations before their scheduled dates, violating Article 13 in conjunction with Article 11. The appeal procedure was ineffective as decisions were issued after the events, rendering the remedy post-hoc and inadequate. The bans were based on speculative disruption to traffic without proper consideration of alternatives or proportionality.

Court Disposition

violation found

Orders

  • Respondent State to pay applicant association EUR 5,000 for non-pecuniary damage within three months, converted to local currency at settlement date.
  • Respondent State to pay applicant association EUR 750 for costs and expenses within three months, converted to local currency at settlement date.