NGOs under European Convention on Human Rights / Tymofeyeva

CONCLUSIONS The aim of these last pages of the book is to summarise the main ideas described herein. The topic of NGOs’ standing before the Court is new and extremely wide. The author is aware that notwithstanding a considerable number of pages written in this book, there are many aspects which were not covered at this time and will require additional study. Moreover, the Court produces new judgments and decisions almost daily. It would be an endless process to try to portray them all. The author stopped the work on the case-law of the Court in June 2015; therefore, the later practice of the Court is not exposed in this manuscript. The main conclusion of the current study is reflected in the subtitle of the book, namely, ‘Exceptional Legal Standing’. On the basis of comparison of the term ‘non governmental organisation’ in the doctrine of international law, in international treaties and documents on global and regional levels, the author concludes that in the Convention, by means of explanatory practice of the Court, NGOs are seen as entities which also can make a profit 1512 and participate in the political life of a state. 1513 The doctrinal concept of ‘non-governmental organisation’ envisages activities of only non-profit-making subjects, 1514 which do not pursue an aim to seize state power. 1515 According to the theory of international law, such an entity must have a formal existence, 1516 but that is not a condition under the Court case-law. 1517 The phrase ‘non-governmental organisation’ in most of the international treaties and documents has a similar meaning as that found in the doctrine of international law. It must be a non-profit entity, 1518 which is not a political party 1519 and closely cooperates with an IGO in question. 1520 There are, of course, differences from text to text, and some of them, similar to the Convention, do not insist on formal registration of NGOs. 1521 All 1512 See, for instance, British-American Tobacco Company Ltd , cited above; 3A.CZ s.r.o. , cited above; Alithia Publishing Company Ltd and Constantinides , cited above; OOO Rusatommet , cited above; Rosenzweig and Bonded Warehouses Ltd , cited above; Bernh Larsen Holding AS , cited above. 1513 See, for example, Christian Democratic People’s Party v. Moldova , cited above; Democracy and Change Party, cited above; Demokratik Kitle Partisi and Elçi , cited above; Dicle for the Democratic Party (DEP) , cited above; Freedom and Democracy Party ( ÖZDEP ) [GC], cited above; Georgian Labour Party , cited above; Grüne Alternative Wien , cited above; Parti nationaliste basque, cited above ; Partidul Comunistilor (Nepeceristi) , cited above; Presidential Party of Mordovia , cited above; Refah Partisi (the Welfare Party) [GC], cited above; Refah Partisi (the Welfare Party), cited above; Republican Party of Russia , cited above; Russian Conservative Party , cited above; Socialist Part, cited above; Socialist Party of Turkey (STP), cited above; The United Macedonian Organisation Ilinden – PIRIN, cited above; United Communist Party of Turkey, cited above; Herri Batasuna , cited above. 1514 WILLETTS, cited above. 1515 KAMMINGA, 2005, cited above, p. 96. 1516 LINDBLOM, 2005, cited above, p. 52. 1517 The Argeş College of Legal Advisers , cited above. 1518 Resolution of the Council No. 15/21. A/HRC/RES/15/21 and Elimination of all forms of intolerance and of discrimination based on religion or Berlin Resolution of the Council No. 6/37. 1519 Convention on the Rights of Persons with Disabilities. United Nations, Treaty Series , vol. 2515, p. 3. 1520 NGO Guide to Consultative status. United Nations publication: New York, 2011, p. 11. 1521 Paragraph 3 of the Recommendation CM/Rec(2007)14, cited above.

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