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Non-governmental organisations under the European Convention on Human Rights - Alla Tymofeyeva

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OBSAH/CONTENTS

CHAPTER I

THE NOTION „NON-GOVERNMENTAL ORGANISATION“

1.1 GENERAL DEFINITION OF „NGO“ IN INTERNATIONAL LAW
1.1.1 Doctrine of international law
1.1.2 Universal human rights documents
1.1.3 Regional human rights documents
1.1.3.1 American, African and Asian human rights documents
American human rights mechanisms
African human rights mechanisms
Asian human rights mechanisms
1.1.3.2 European human rights documents
Council of Europe treaties
The other European human rights mechanisms

1.2 SPECIAL DEFINITION OF „NGO“ IN THE CONVENTION
1.2.1 The term „non-governmental organisation“ in Article 34 of the Convention
1.2.1.1 General considerations
Independence from the state
Distinction between different categories of the applicants
1.2.1.2 Victim status
Direct victim
Indirect victim
Potential victim
1.2.1.3 Formal existence
NGO in liquidation and the rights of shareholders
1.2.1.4 Special forms in which NGOs under Article 34 may exist
Profit-making organisation
Political parties
1.2.2 Roles of NGOs under the Convention
1.2.2.1 Role of an applicant
Rights of an applicant
Duties of an applicant
1.2.2.2 Role of a third party
Authorisation to take part in the proceedings
Duties of a third party
1.2.2.3 Role of a representative
Authorisation to represent
Representation by an NGO or by a practicing lawyer
De facto representative
Duties of a representative
1.2.2.4 Role of information provider
Clarification of the subject matter
Providing information in the course of the proceedings before the Court
Providing information in the course of the execution of judgements
Duties of a provider of information

1.3 DEFINITION OF „NGO“ FOR THE PURPOSES OF THIS BOOK
1.3.1 General remarks
1.3.2 Direct reference to the phrase „NGO“ in the Convention
1.3.3. Implied participation of NGOs
Article 36 of the Convention
Rule 36 of the Rules of Court
Article 46 of the Convention and Rule 9 of the Rules of the Commitee of Ministers
1.3.4 Various understandings and the term „Article 34 NGO“

CHAPTER II

RIGHTS OF ARTICLE 34 NGOS UNDER THE CONVENTION

PART I.
2.1 INTRODUCTORY REMARKS ON THE LIST OF RIGHTS

2.2 RIGHT TO a FAIR TRIAL (ARTICLE 6)
2.2.1 General observations
2.2.2 Access to court
2.2.3 The right to an independent and impartial tribunal
2.2.4 Equality of arms
2.2.5 Length of the proceedings
2.2.6 Non-enforcement

2.3 NO PUNISHMENT WITHOUT LAW (ARTICLE 7)
2.3.1 General observations
2.3.2 Judgements of the Court
2.3.3 Decisions of the Court

2.4 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE (ARTICLE 8)
2.4.1 General overview
2.4.2 Respect for „home“ and correspondence
2.4.2.1 Search and seizure of data
2.4.2.2 Gathering of information through secret surveillance
2.4.2.3 Common submissions
2.4.3 Summarisation

2.5 FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION (ARTICLE 9)
2.5.1 The scope of Article 9
2.5.2 Management of religious organisations
2.5.3 Payment of taxes
2.5.4 Conduction of spiritual activities

2.6 FREEDOM OF EXPRESSION (ARTICLE 10)
2.6.1 General overview
2.6.1.1 Three components of the right to freedom of expression
Freedom to hold opinions
Freedom to impart information and ideas
Freedom to receive information
2.6.1.2 Requirements for legitimate interference
2.6.2 The most frequent reasons invoked
2.6.2.1 Sanctions for defamation
2.6.2.2 Protection of journalistic sources
2.6.2.3 Licensing of companies
2.6.3 Other reasons of alleged violations

2.7 FREEDOM OF ASSEMBLY AND ASSOCIATION (ARTICLE 11)
2.7.1 General observations
2.7.2 Submissions of trade unions
2.7.3 Submissions of political parties
2.7.3.1 Dissolution of a political party
2.7.3.2 Ban on the activities and refusal to register a political party
2.7.4 Submissions of the other Article 34 NGOs under Article 11

2.8 RIGHT TO AN EFFECTIVE REMEDY (ARTICLE 13)
2.8.1 General observations
2.8.2 Article 13 in conjunction with Article 6 § 1 of the Convention
2.8.3 Article 13 in conjunction with Article 9 of the Convention
2.8.4 Article 13 in conjunction with Article 10 of the Convention
2.8.5 Article 13 in conjunction with Article 11 of the Convention
2.8.6 Article 13 and the rights in the Protocols to the Convention

2.9 RIGHT NOT TO BE DISCRIMINATED (ARTICLE 14)
2.9.1 General overview
2.9.2 Article 14 in conjunction with Article 6 § 1 of the Convention
2.9.3 Article 14 in conjunction with Article 9 of the Convention
2.9.4 Article 14 in conjunction with Article 10 of the Convention
2.9.5 Article 14 in conjunction with Article 11 of the Convention
2.9.6 Article 14 and the rights in the Protocols to the Convention

PART II.

2.10 ARTICLE 34 NGOSʹ RIGHTS IN THE PROTOCOLS TO THE CONVENTION
2.10.1 Opening
2.10.2 List of rights in the Protocols

2.11 RIGHT TO PEACEFUL ENJOYMENT OF POSSESSIONS (ARTICLE 1 OF PROTOCOL NO. 1)
2.11.1 General observations
2.11.2 Independence and impartiality of judiciary
2.11.3 Non-enforcement judgements
2.11.4 Breach of the principle of legal certainty
2.11.5 Other issues under Article 1 of Protocol No. 1

2.12 RIGHT TO FREE ELECTIONS (ARTICLE 3 OF PROTOCOL NO. 1)
2.12.1 General observations
2.12.2 New conditions for elections and disqualification of parties
2.12.3 Information on elections

2.13 SOME REMARKS RELATING TO PROTOCOL NO. 7 AND ARTICLE 34 NGOS

2.14 RIGHT OF APPEAL IN CRIMINAL MATTERS (ARTICLE 2 OF PROTOCOL NO. 7)

2.15 RIGHT TO COMPENSATION FOR WRONGFUL CONVICTION (ARTICLE 3 OF PROTOCOL NO. 7)

2.16 RIGHT NOT TO BE TRIED OR PUNISHED TWICE (ARTICLE 4 OF PROTOCOL NO. 7)

2.17 GENERAL PROHIBITION OF DISCRIMINATION (ARTICLE 1 OF PROTOCOL NO. 12)

CHAPTER III

JUST SATISFACTION UNDER ARTICLE 41 OF THE CONVENTION

3.1 OVERVIEW OF THE INTERNATIONAL COMPENSATION MECHANISMS
3.1.1 Right to reparation and types of compensation mechanisms
3.1.2 Mechanisms based on international treaties between states
3.1.3 Instruments adopted by intergovernmental organisations
3.1.4 Agreements between the states and non-state actors

3.2 COMPENSATION MECHANISMS UNDER THE CONVENTION
3.2.1 Main principles of just satisfaction under Article 41
3.2.2 Procedural requirements for awarding of just satisfaction
3.2.3 Components of just satisfaction award
3.2.3.1 Pecuniary damage
3.2.3.2 Non-pecuniary damage
3.2.3.3 Costs and expenses
3.2.3.4 Default interest
3.2.4 Some other aspects of payment of just satisfaction
3.2.4.1 Currency
3.2.4.2 Place of payment
3.2.4.3 Legal person in liquidation

3.3 MILLIONS AND BILLIONS
3.3.1 The highest amount of just satisfaction awarded to Article 34 NGOs
3.3.2 Analysis of the awards
3.3.3 Why Article 34 NGOs receive more than individuals

CONCLUSIONS