NGOs under European Convention on Human Rights / Tymofeyeva

pursued and, therefore, not necessary in a democratic society. In justification of such decision, the Chamber of the Court referred to the relevant international regulations, in particular, to the fifth recital of Council of the European Union Directive 78/2000/ EC, 951 which does not allow infringements of freedom of association, including the right to establish unions with others and to join unions to defend one’s interests. The Chamber also added that it was mindful of the particular background of the present case, especially in view of the historical position occupied by the Orthodox faith. Nonetheless, the Chamber of the Court held that “this cannot by itself justify the need for the interference, especially as the applicant union did not seek to challenge that position in any way and the right of Orthodox Church employees to join a trade union has already been recognised on at least two occasions by the domestic courts”. 952 In the final judgment, however, the Grand Chamber took the view that the domestic courts’ decisions had applied the principle of the autonomy of religious communities. The refusal to register the union for failure to comply with the requirement of obtaining the Archbishop’s permission was a direct consequence of the right of the religious community to make its own organisational arrangements and to operate in accordance with the provisions of its own statute. The Court held that in refusing to register the applicant union, Romania had simply declined to become involved in the organisation and operation of the Romanian Orthodox Church. 953 Another case involved the prevention of a trade union from expelling a member due to the latter’s membership in a political party advocating views incompatible with its own, in violation of Article 11. This was the case of Associated Society of Locomotive Engineers and Firemen (ASLEF) v. the United Kingdom. 954 The applicant, the ASLEF, was an independent trade union supporting the labour movement towards a socialist society, fighting against certain policies of far-right political forces, for example, the British National Party (‘BNP’). An active member of that party applied for membership in the ASLEF and was accepted, as the union did not know about his activities. Shortly afterwards, the union expelled him, stating that his membership in the BNP was incompatible with principles the ASLEF. They relied on a report stating that he had stood as a candidate in local elections for the BNP and had been known for anti-Islamic propaganda and harassment of anti-Nazi activists. The expelled member brought successful proceedings in a court and the applicant union was obliged to re-admit him. In its judgment, the Court stated that “Article 11 cannot be interpreted as imposing an obligation on associations or organisations to admit whosoever wishes to join”. 955 It added, “Where associations are formed by people, who, espousing particular values or ideals, intend to pursue common goals, it would run counter to the very effectiveness of the freedom at stake if they had no control 951 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Official Journal L 303 , 02/12/2000 P. 0016-0022. 952 Sindicatul “Păstorul cel Bun” , cited above, § 84. 953 Trades union rights, the Romanian Orthodox Church and Article 11 ECHR (online). URL: accessed 20 July 2015. 954 Associated Society of Locomotive Engineers and Firemen (ASLEF) , cited above. 955 Ibid. , § 39.

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