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

FOGLI DI LAVORO per il Diritto internazionale 3/2008
January 2002) before the Federal Constitutional Court might
still be acceptable, particularly in the unique context of German
reunification. However, the length of the present proceedings,
which had been pending before the Federal Constitutional Court
for more than eleven years, exceeded the margin set by these
cases by far.
66. Summing up, the Court does not consider that the
arguments put forward by the Government can justify the length
of the proceedings in the instant case. It follows that the length
of the proceedings was excessive and failed to meet the
“reasonable time” requirement.
There has accordingly been a breach of Article 6 § 1.
III. ALLEGED VIOLATION OF ARTICLE 9 OF THE
CONVENTION
67. The applicant associations complained that the
Government's information campaign constituted an unjustified
interference with their right to manifest their religion, as
provided in Article 9 of the Convention, which reads as follows:
“1. Everyone has the right to freedom of thought,
conscience and religion; this right includes freedom to
change his religion or belief and freedom, either alone or in
community with others and in public or private, to manifest
his religion or belief, in worship, teaching, practice and
observance.
2. Freedom to manifest one's religion or beliefs shall be
subject only to such limitations as are prescribed by law and
are necessary in a democratic society in the interests of
public safety, for the protection of public order, health or
morals, or for the protection of the rights and freedoms of
others.”
68. The Government contested that argument.
195