PARTIDUL COMUNISTILOR (NEPECERISTI) AND UNGUREANU v. ROMANIA View

Notes

Date	03/02/2005
AppNr	46626/99
Body	Court (Third Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	11; 11-2; 14; 17; 41
Violated / NonViolated	11
Citations	6-1911P1-11114

Conclusions:

Costs and expenses partial award
Non-pecuniary damage - finding of violation sufficient
Not necessary to examine Art. 14
Pecuniary damage - claim dismissed
Violation of Art. 11

Keywords:

(art. 11-1) freedom of association
(art. 11-2) interference
(art. 11-2) national security
(art. 11-2) necessary in a democratic society
(art. 11-2) prescribed by law
(art. 11-2) protection of the rights and freedoms of others

ECHR Notes

Originating Body	Court (Third Section)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2005-I (extracts)
Language	FRENCH ; ENGLISH
Application Number	46626/99
Importance Level	1
Represented by	N/A
Respondent State	Romania
Date of Introduction	14/04/1997
Date of Judgment	03/02/2005
Conclusion	Violation of Art. 11 ; Not necessary to examine Art. 14 ; Pecuniary damage - claim dismissed ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award
Articles	11 ; 11-2 ; 14 ; 17 ; 41
Separate Opinions	No
Strasbourg Case Law	Ahmed and Others v. the United Kingdom, judgment of 2 September 1998, Reports 1998-VI, pp. 2377-2378, § 55 ; Dicle for the Democratic Party (DEP) of Turkey v. Turkey, no. 25141/94, § 50, 10 December 2002 ; Goodwin v. the United Kingdom, judgment of 27 March 1996, Reports 1996-II, pp. 500-501, § 40 ; Handyside v. the United Kingdom, judgment of 7 December 1976, Series A no. 24, p. 23, § 49 ; Jersild v. Denmark, judgment of 23 September 1994, Series A no. 298, p. 26, § 37 ; Nilsen and Johnsen v. Norway [GC], no. 23118/93, § 62, ECHR 1999-VIII ; Communist Party of Germany v. the Federal Republic of Germany, no. 250/57, decision of the Commission du 20 July 1957, Yearbook I, p. 222 ; United Communist Party of Turkey and Others v. Turkey, judgment of 30 January 1998, Reports of Judgments and Decisions 1998-I, pp. 20-21, §§ 42-43, p. 25, § 51 and § 52, p. 27, § 57 and § 60, p. 29, § 69, and p. 30, § 73 ; Socialist Party of Turkey (STP) and Others v. Turkey, no. 26482/95, § 45, 12 November 2003 ; Refah Partysi (The Welfare Party) and Others v. Turkey ([GC], nos 41340/98, 42342/98, 41343/98 and 41344/98, §§ 98, 101, 102-103, 104 and 116, ECHR 2003-II ; Sunday Times v. the United Kingdom (no 1), judgment of 26 April 1979, Series A no. 30, p. 31, § 49 ; Yazar and Others v. Turkey, nos 22723/93, 22724/93 and 22725/93, § 49, ECHR 2002-II
Keywords	"(Art. 11-1) FREEDOM OF ASSOCIATION" "(Art. 11-2) INTERFERENCE" "(Art. 11-2) NATIONAL SECURITY" "(Art. 11-2) NECESSARY IN A DEMOCRATIC SOCIETY" "(Art. 11-2) PRESCRIBED BY LAW" "(Art. 11-2) PROTECTION OF THE RIGHTS AND FREEDOMS OF OTHERS"

Application Documents 1

1

PARTIDUL COMUNISTILOR (NEPECERISTI) et UNGUREANU contre la ROUMANIE

Court (Second Section) Decision

16/12/2003

References 10

	15 SOCIALIST PARTY OF TURKEY (STP) AND OTHERS v. TURKEY 11 Court (Second Section) Judgment (Merits and Just Satisfaction)	12/11/2003
	70 REFAH PARTISI (THE WELFARE PARTY) AND OTHERS v. TURKEY 11 Court (Grand Chamber) Judgment (Merits)	13/02/2003
	9 DICLE FOR THE DEMOCRATIC PARTY (DEP) OF TURKEY v. TURKEY 11, 6-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	10/12/2002
	25 YAZAR AND OTHERS v. TURKEY 11, 6-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	09/04/2002
	207 NILSEN AND JOHNSEN v. NORWAY 10 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	25/11/1999
	30 AHMED AND OTHERS v. THE UNITED KINGDOM 10, 11, P1-3 Court (Chamber) Judgment (Merits and Just Satisfaction)	02/09/1998
	117 THE UNITED COMMUNIST PARTY OF TURKEY AND OTHERS v. TURKEY 11 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	30/01/1998
	94 GOODWIN v. THE UNITED KINGDOM 10 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	27/03/1996
	172 JERSILD v. DENMARK 10 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	23/09/1994
	277 HANDYSIDE v. THE UNITED KINGDOM 10, P1-1, 14, 18 Court (Plenary) Judgment (Merits)	07/12/1976

Citations Breakdown

1–10 of 20

Citations 20

	2 UMO ILINDEN AND OTHERS v. BULGARIA (NO. 2) 11 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	18/10/2011
	2 UMO ILINDEN - PIRIN AND OTHERS v. BULGARIA (No. 2) 11, 14 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	18/10/2011
	2 REPUBLICAN PARTY OF RUSSIA v. RUSSIA 11 Court (First Section) Judgment (Merits and Just Satisfaction)	12/04/2011
	1 AGVPS-BACAU v. ROMANIA 6-1, 11 Court (Third Section) Judgment (Merits and Just Satisfaction)	09/11/2010
	4 JEHOVAH'S WITNESSES OF MOSCOW and OTHERS v. RUSSIA 9, 11, 6-1 Court (First Section) Judgment (Merits and Just Satisfaction)	10/06/2010
	LEFTER NITA v. ROMANIA P1-1 Court (Third Section) Judgment (Merits and Just Satisfaction)	06/04/2010
	5 KIMLYA AND OTHERS v. RUSSIA 9 Court (First Section) Judgment (Merits and Just Satisfaction)	01/10/2009
	4 HERRI BATASUNA AND BATASUNA v. SPAIN 11 Court (Fifth Section) Judgment (Merits)	30/06/2009
	VISAN v. ROMANIA Court (Third Section) Judgment (Merits and Just Satisfaction)	23/06/2009
	1 MARIN v. ROMANIA Court (Third Section) Judgment (Merits and Just Satisfaction)	03/02/2009

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