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

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200 FOGLI DI LAVORO per il Diritto internazionale 3/2008 1997-IV, p. 1209, § 27). The freedom of thought, conscience and religion denotes views that attain a certain level of cogency, seriousness, cohesion and importance (see Campbell and Cosans v. the United Kingdom, judgment of 25 February 1982, Series A no. 48, p. 16, § 36). 81. According to their statutes, the applicant associations promote the teachings of Osho. They run Osho meditation centres, organise seminars, celebrate religious events and carry out joint work projects. According to the teachings of their community, the aim of spiritual development is enlightenment. Their conception of the world is based on the idea of achieving transcendence in all essential areas of life and is continuously shared by them and their community. The Court considers that these views can be considered as the manifestation of the applicant associations' belief. Their complaints therefore fall within the ambit of Article 9 of the Convention. 82. The Court must consider whether the applicant associations' right under Article 9 was interfered with and, if so, whether the interference was “prescribed by law”, pursued a legitimate aim and was “necessary in a democratic society” within the meaning of Article 9 § 2 of the Convention. a) Whether there was interference 83. The remaining applicant associations maintained that the information campaign and the expressions used to describe their movement demonstrated a failure by the Government to remain neutral in the exercise of their powers. The contested statements had had a negative impact on their reputation and the credibility of their teachings in society and reduced the number of their members. 84. The Court notes that the measures taken by the Government did not amount to a prohibition of the applicant associations' activities or those of their members. The applicant associations retained their freedom of religion, both as regards their freedom of conscience and the freedom to manifest their beliefs through worship and practice. However, the terms used to describe the applicant associations' movement may have had negative consequences for them. Without ascertaining the exact extent and nature of such consequences, the Court proceeds on the assumption that the Government's statements in issue
FOGLI DI LAVORO per il Diritto internazionale 3/2008 constituted an interference with the applicant associations' right to manifest their religion or belief, as guaranteed by Article 9 § 1 of the Convention. b) Whether the interference was prescribed by law 85. The remaining applicant associations maintained that the Government's information campaign had had no legal basis. They considered that the principle of proportionality did not set sufficiently clear limits to the exercise of the Government's discretionary power where interferences with the freedom of religion derived directly from other constitutional rights. 86. The Court reiterates its settled case-law that the expression “prescribed by law” requires firstly that the impugned measure should have a basis in domestic law. It also refers to the quality of the law in question, requiring that it be accessible to the persons concerned and formulated with sufficient precision to enable them – if need be, with appropriate advice – to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail and to regulate their conduct (Gorzelik and Others v. Poland [GC], no. 44158/98, § 64, ECHR 2004-I). 87. Further, as regards the words “in accordance with the law” and “prescribed by law” which appear in Articles 8 to 11 of the Convention, the Court observes that it has always understood the term “law” in its “substantive” sense, not its “formal” one (De Wilde, Ooms and Versyp v. Belgium, judgment of 18 June 1971, Series A no. 12, p. 45, § 93). “Law” must be understood to include both statutory law and judgemade “law” (see, among other authorities, The Sunday Times v. the United Kingdom (no. 1), judgment of 26 April 1979, Series A no. 30, p. 30, § 47, and Casado Coca v. Spain, judgment of 24 February 1994, Series A no. 285-A, p. 18, § 43). In sum, the “law” is the provision in force as the competent courts have interpreted it. 88. The Court further reiterates that the scope of the notion of foreseeability depends to a considerable degree on the content of the instrument in question, the field it is designed to cover and the number and status of those to whom it is addressed. It must also be borne in mind that, however clearly drafted a legal provision may be, its application involves an inevitable element 201
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Presentazione FOGLI DI LAVORO per i
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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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