FOGLI DI LAVORO per il Diritto internazionale 3 ... - Giurisprudenza

FOGLI DI LAVORO per il Diritto internazionale 3/2008
obligations under Article 2 § 2, first sentence, which guarantees
the right to life and to inviolability of the person, and Article 6
of the Basic Law, which protects the rights of the family, the
Government had the right to impart information. The views
expressed by the Government were acceptable and respected the
principle of proportionality.
18. On 13 March 1991 the Federal Administrative Court
(Bundesverwaltungsgericht) dismissed the applicant
associations' appeal against the decision of the Administrative
Court of Appeal refusing leave to appeal. The court considered
that the case had no fundamental importance. It noted that the
legal questions raised in connection with public declarations of
the Government in respect of new religious movements had
already been dealt with in its previous case-law and that of the
Federal Constitutional Court (Bundesverfassungsgericht). The
applicant associations' submissions did not raise any new issue.
The Government's constitutional right to inform the public and
to protect the human dignity and health of citizens justified the
interference with the freedom of religion or belief. The right to
inform the public included the right to warn the public and to
consider the conduct of others as dangerous.
19. On 3 May 1991 the applicant associations filed a
constitutional complaint against the above-mentioned court
decisions. On 23 April 1992 the Federal Constitutional Court
informed the applicant associations in reply to their letter of 10
April 1992 that it was not able to indicate when a decision
would be given. On 13 January 1993 it wrote to the applicant
associations that the case had been communicated to the Federal
Government and the Land of North-Rhine-Westphalia. On
2 November 1993 the Federal Government submitted their
observations, which were served on the applicant associations
on 4 November 1993. On 21 September 1994 the applicant
associations submitted their observations in reply. By letters of 8
March 1993, 6 August 1995, 8 July 1998 and 3 February 2000
the applicant associations enquired about the state of the
proceedings.
20. On 26 June 2002 the Federal Constitutional Court ruled
that the judgment of the Administrative Court of Appeal of the
Land North Rhine-Westphalia of 22 May 1990 violated the
applicant associations' basic rights guaranteed by Article 4 §§ 1
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