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

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186 FOGLI DI LAVORO per il Diritto internazionale 3/2008 34. The Court notes that these applicant associations do not intend to pursue their application within the meaning of Article 37 of the Convention which, in so far as relevant, reads as follows: “1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that (a) the applicant does not intend to pursue his application; ... However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires...” 35. The Court considers that the conditions of Article 37 § 1 (a) are fulfilled. Furthermore, the Court finds no special circumstances relating to respect for human rights as defined in the Convention and its Protocols which require it to continue the examination of the application. Accordingly, the application should be struck out of the Court's list of cases insofar as it relates to these two applicant associations. II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION 36. The remaining applicant associations complained that the length of the proceedings before the administrative courts and before the Federal Constitutional Court had been incompatible with the “reasonable time” requirement, laid down in Article 6 § 1 of the Convention, which reads as follows: “In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...” 37. The Government contested that argument. A. Admissibility 1. The Government's submissions
FOGLI DI LAVORO per il Diritto internazionale 3/2008 38. In the Government's view, Article 6 § 1 of the Convention was not applicable in the present case, as the dispute did not refer to “civil rights and obligations” within the meaning of that Article. According to the Government, the subject of the proceedings, namely the alleged violation of the applicant associations' freedom of religion by certain governmental statements, did not concern the violation of asset rights, but of legal interests of a non-pecuniary nature. Neither did the result of the impugned proceedings constitute a necessary prerequisite for bringing an action for damages against the Government before the civil courts. 39. The Government further maintained that the contested warnings issued by the Government had no direct effect on or substantive consequences for the applicant associations' legal position under civil law. Although it could not be ruled out that individual citizens may have been motivated by the Government's warnings to distance themselves from the applicant associations, it was impossible to determine whether this actually occurred and whether it had any financial consequences for the applicant associations. In any event, any such consequences could not be considered as immediate. The mere fact that the warnings may possibly have had financial consequences for the applicant associations was not sufficient to bring the proceedings within the scope of Article 6 § 1. 40. Neither could the applicability of Article 6 § 1 of the Convention be derived from the Court's case-law, according to which the right to a good reputation was a “civil right” within the meaning of that provision. Firstly, the applicant associations did not assert the right to a good reputation or to personal honour under domestic law before the domestic courts, but only their right to the freedom to profess and practise a religion undisturbed without state interference. Secondly, the right to protect good reputation and personal honour could only be accorded to individual persons, but not to groups of persons such as the applicant associations. 2. The remaining applicant associations' submissions 41. The applicant associations contested those arguments. They considered that their right to freedom of religion had to be regarded as a “civil right” within the meaning of Article 6 § 1. 187
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FOGLI DI LAVORO per il Diritto inte
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Presentazione FOGLI DI LAVORO per i
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PROCÉDURE FOGLI DI LAVORO per il D
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SUMMARY FOGLI DI LAVORO per il Diri
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FOGLI DI LAVORO per il Diritto internazionale 3 ... - Giurisprudenza

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