Freedom of Association: European Court of Human Rights Case Law

The following list of cases is illustrative, not exhaustive; included are some of the Court’s key decisions in giving shape and scope to the freedom of association.

Freedom of Assembly: European Court of Human Rights Case Law

Civil Society Participation

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The COE, through its instruments, judicial, and quasi-judicial bodies is a key political organization which fosters the development and protection of human rights in Europe.

Judicial Bodies

One of the most prominent features of the European Convention on Human Rights is the establishment of the European Court of Human Rights (Court), which is based in Strasbourg, France.  The Court is an international judicial body which hears cases of alleged violations of the Convention committed by the COE member states (“High Contracting Party”). Since November 1, 1998, following the ratification of the Protocol 11 to the Convention, the Court has been operating as a permanent body, thus replacing the previous enforcement mechanism, which included both the European Commission of Human Rights (established in 1954) and the European Court of Human Rights (established in 1959).

The number of judges on the Court mirrors the number of member states in the COE (at present 47). The judges are elected by the COE Parliamentary Assembly for a non-renewable term of nine years, from lists of three candidates proposed by each member state. Although judges are elected from a list of candidates proposed by a member state, they are independent and impartial, and hear cases as individuals, rather than state representatives.

The Convention envisages two types of application to the Court: individual applications lodged by any person, group of individuals, company or non-governmental organization (NGO) alleging violation of their rights guaranteed by the Convention; and inter-State applications brought by one State against another.Thus far, the overwhelming majority of applications have been lodged by individuals. The Court cannot take up cases on its own. A (member) state and an NGO may also be authorized by the President of the Court to intervene in proceedings as third parties.

Cases can be brought directly by individuals and the assistance of a lawyer is not necessary at the outset of the proceedings; however, it becomes necessary in the later stages thereof. It is sufficient to file with the Court a duly completed application form with the requisite documents. The application form and the guidelines on how to fill it out can be downloaded from the Court’s official website, as well as from the websites of the COE representative offices in members states. The filing of the application is no guarantee that it will be admissible or successful on the merits. There are no fees for proceedings before the Court.

In order for an individual application to be deemed admissible, a number of conditions must be met:

1. An application must not be anonymous and can only be lodged against one or more COE member states, and not against any third state or an individual;
2. A case can only be brought to the Court if all domestic remedies have been exhausted, according to the generally recognized rules of international law. In other words, as a general rule, an individual alleging violations of his/her rights must first take a case through the judicial system of the respondent state, up to the highest level of jurisdiction. This admissibility criteria underscores the fact that the primary responsibility for the protection of the rights guaranteed by the Convention falls on member states; the Court plays a subsidiary role in this respect;
3. An applicant’s allegations must involve one or more of the rights guaranteed by the Convention; the Court cannot examine complaints concerning violations of any other rights;
4. A case can not be substantially the same as a matter that has already been examined by the Court, or has already been submitted to another procedure of international investigation or settlement, and contains no relevant new information;
5. Applications must be lodged within six months following the final judicial decision in the case, which will usually be a ruling by the highest court of the respondent state;
6. The facts or acts resulting in the alleged violation of the applicant’s rights must occur following the ratification of the Convention by the respondent state, and not before; and,
7. The applicant must be personally and directly a victim of violation of the Convention.

In addition, Protocol No. 14 to the Convention, which came in the force on June 1, 2010, further streamlined the application procedure, in efforts to make the Court more efficient. It provides that the Court shall declare inadmissible, at any stage of proceedings, an individual application if it considers that the applicant has not suffered a “significant disadvantage”, unless respect for human rights as defined in the Convention and the Protocols thereto requires an examination of the application on the merits, and provided that no case may be rejected on this ground which has not been duly considered by a domestic tribunal. It remains to be seen how the notion of “significant disadvantage” will be interpreted in the case law.

The Convention, as amended by Protocol 14, envisages that the Court hears cases in a single-judge formation, in committees of three judges, in Chambers of seven judges, and in the Grand Chamber of seventeen judges. The Court’s Chambers set up committees for a fixed period of time. This organization of the Court seeks to make it more effective, in particular in dealing with inadmissible applications, which constitute the overwhelming majority of all applications.

A single judge may declare inadmissible or strike out of the Court’s list of cases an application submitted which is prima facie (plainly) inadmissible. The decision of a single judge is final in this respect. To prevent conflict of interest, a single judge cannot examine any application against the member state in respect of which that judge has been elected. In cases of doubt, or if the single judge finds the application prima facie admissible, then the judge refers the application to the committee for further examination. Unless it declares the application inadmissible, the committee communicates the case to the government of the respondent state, asking the government for its observations, before it proceeds deliberating on the merits of the case. The committee can render a decision on the merits of the case only if it has to do with the interpretation or the application of the Convention or the Protocols thereto, which is already the subject of well-established case-law. In order for a committee’s decision (both on admissibility and merits), to be final, a unanimous vote is required. When a committee decides on the merits of a case, the judge elected on behalf of a respondent state is no longer a compulsory member of the committee. However, that judge can be invited by the committee to replace one of its members for specific reasons, e.g. when the application relates to the exhaustion of national legal remedies. Changes introduced in Protocol 14, do not affect the (old) rule which requires that a judge elected in respect of the member state concerned is an ex officio member of a Chamber and the Grand Chamber.

In cases other than those assigned to a single judge or a committee, a Chamber decides by a majority vote on the admissibility and merits of individual applications. In addition, a Chamber decides on the admissibility and merits of inter-State applications. Exceptionally, the Grand Chamber hears cases referred to it either after relinquishment by a Chamber (i.e., where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the Protocols thereto, or where the resolution of a question before it might have a result inconsistent with a judgment previously delivered by the Court), or when a request for referral has been granted. Whilst inadmissibility decisions by Committees and Grand Chamber judgments are final and are not subject to appeal, the parties have three months following the delivery of a Chamber judgment to request referral of the case to the Grand Chamber for reconsideration. Requests for referral are examined by a panel of five judges which decides whether or not referral is appropriate. A panel can grant referral only if the case gives rise to a serious question affecting the interpretation or application of the Convention or the protocols thereto, or to a serious issue of general importance. If the panel grants referral, the Grand Chamber will review the case and render judgment, which is final and not subject to further appeal.

The Court examines the case together with the representatives of the parties and, if need be, undertakes an investigation, for the effective conduct of which the member state concerned shall furnish all necessary facilities. Hearings are conducted in public, unless the Court in exceptional circumstances decides otherwise. In all cases before a Chamber or the Grand Chamber, a member state has the right to submit written comments and take part in hearings, when the applicant is a national of that member state. In addition, in all cases before a Chamber or the Grand Chamber, the COE Commissioner for Human Rights can submit written comments and take part in hearings. Documents deposited with the Court’s Registrar are accessible to the public, unless the President of the Court decides otherwise.

At any stage of the proceedings, the Court can place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for human rights as defined in the Convention and the Protocols thereto. Proceedings of a friendly settlement are confidential. The decision on friendly settlement is transmitted to the Committee of Ministers, which supervises the execution of the terms of the friendly settlement as set out in the decision.

When the Court rules against a respondent state and observes that the applicant has sustained damage, it awards the applicant just monetary satisfaction. Judgments finding violations are binding on the respondent states and they are obliged to execute them; however, they do not replant decisions of domestic courts in cases concerned. The Committee of Ministers monitors the execution of judgments, particularly to ensure that the compensation for the damage sustained has been carried out. However, the Committee of Ministers cannot force the respondent state to comply, and the ultimate sanction for non-compliance is a political one: expulsion from the Council of Europe. In case of a friendly settlement between the applicant and the respondent state, the Committee of Ministers will strike such a case from its monitoring list, provided that the Court has received a formal notification from the respondent state to that effect and is satisfied that the settlement is based on respect for human rights, as defined in the Convention or its Protocols.

In efforts to build a more effective enforcement mechanism, Protocol No 14 of the Convention further extends the power of the Court. A member state can be brought before the Grand Chamber by the Committee of Ministers if it refuses to enforce a judgment and the Committee of Ministers can ask the Grand Chamber for an interpretation of a judgment to help determine the best way for a member state to comply. A referral decision requires a majority vote of two thirds of the representatives entitled to sit on the Committee of Ministers. If the Court finds that a member state fails to comply with its decision, it shall refer the case to the Committee of Ministers for consideration of the measures to be taken. Otherwise, it shall refer the case to the Committee of Ministers, which closes its examination of the case.

In some cases, as a result of the Court’s ruling, the respondent state will have to amend its legislation, to bring it in line with the Convention. Over the past few years the Court has developed a new procedure to respond to the increased number of applications arising from non-conformity of domestic law with the Convention. In such situations, the Court takes on one or more applications dealing with the same or similar non-compliance issue (pilot case), while the proceedings of other similar cases are adjourned (postponed). When it delivers its judgment in a pilot case, it calls on other respondent states concerned to bring their respective domestic legislation in line with the Convention and indicates the general measures to be taken, before taking on cases involving those states.

Freedom of Association

Article 11 of the European Convention on Human Rights provides:

“1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. However, it does not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the member state.”

The principal obligation of a member state under Article 11 is a negative one: to refrain from arbitrary interfering with freedom of association. However, at some instances the state also has positive obligations toward the exercise of freedom of association, e.g., the duty to afford legal protection to a member whose rights in an association are allegedly violated, or the duty to grant legal personality to an association which meets the prescribed requirements.

An association differs from peaceful assembly, which is also protected under Article 11, in that it requires a certain institutional character, i.e., a certain degree of organization, as well as duration. It can be established to pursue any not-for-profit goal which is otherwise permissible to a natural person.

While Article 11 makes specific reference to trade unions only, freedom of association extends to any other form of private and voluntary grouping – regardless of its legal status (informal association or a legal entity) – for a common goal (political parties, religious associations, association of employees, etc).

Freedom of association entails the right to establish or join an association, as well as the right not to join an association (the so called negative freedom of association). Once established, an association enjoys a number of other rights guaranteed by the European Convention, including freedom of speech (Article 10);  freedom, either alone or in community with others and in public or private, to manifest one’s religion or belief, in worship, teaching, practice and observance (Article 9); the privacy of its business premises (Article 8); prohibition of any discrimination in the enjoyment of rights and freedoms recognized by the Convention (Article 14); the right to fair hearing (Article 6); and the right to an effective remedy before national authorities (Article 13).

The list of legitimate grounds for interference with freedom of association stipulated in Article 11, Paragraph 2, is an exhaustive one; no other ground can serve as justification for interference with freedom of association. In addition, the European Court of Human Rights has developed an analytical framework to determine if interference in question meets any of the legitimate grounds stated in Article 11. Accordingly, any interference with freedom of association must: (1) be prescribed by law (meaning that the law in question must be both accessible and of a certain quality, i.e., written in a language which a layman can understand); (2) serve a legitimate aim (as stipulated in Article 11, Paragraph 2); and (3) be necessary in a democratic society (i.e., amount to the minimum level of interference necessary to accomplish a legitimate goal – the so-called proportionality test). The onus to prove that the foregoing requirements are met is on the respondent state, rather than the applicant.

For a more detailed account on the scope and the content of freedom of association please consult the following sources: Jeremy McBride (International Law on Freedom of Association); Zvonimir Mataga (The Right to Freedom of Association under the European Convention on the Protection of Human Rights and Fundamental Freedoms).

Civil Society Participation

The primary document that provides guarantees related to participation is the Convention for the Protection of Human Rights and Fundamental Freedoms. Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms Convention protects freedom of expression and Article 11 freedom of assembly and association.

On September 27, 2017 the Council of Europe’s Committee of Ministers approved the Guidelines for civil participation in political decision-making. The ultimate aim of the Guidelines is to strengthen trust in and credibility of democratic institutions and to complement representative and direct democracy by broadening participation by individuals, NGOs and civil society at large.

The Guidelines recognise the right to participation of individuals, NGOs and civil society at large in political decision-making, clearly stating that all are welcome to participate in the political debate, which is distinct from political and lobbying activities.

The Guidelines outlines key principles for promoting dialogue, consultation and co-operation between civil society and the authorities. It also contains recommendations for four core types of public participation: provision of timely information, organization of consultations, the encouragement of dialogue and active involvement.

Principles of Civil Participation

• Mutual respect between all actors as the basis for honest interaction and mutual trust
• Respect for the independence of NGOs whether their opinions are consistent with those of the public authorities or not
• Respect for the position of public authorities with whom responsibility and accountability for decision making lies
• Openness, transparency and accountability
• Responsiveness, with all actors providing appropriate feedback
• Non-discrimination and inclusiveness so that all voices, including those of the less privileged and most vulnerable, can be heard and taken into account
• Gender equality and equal participation of all groups including those with particular interests and needs, such as young people, the elderly, people with disabilities or minorities
• Accessibility through the use of clear language and appropriate means of participation, offline or online

Conditions for effective civil participation

• The right to civil participation in political decision-making should be secured to individuals, NGOs and civil society at large.
• Enabling and encouraging environment is a precondition of effective civil participation. Member States should provide legal and practical guarantees for fundamental rights and rule of law.
• Government “recognition and protection” of civil society’s advocacy and monitoring functions is essential for “building a diverse and vibrant society.”

Participation include provision of information, consultation and dialogue and active involvement. COE Member States should adopt political, legal (where appropriate), and practical framework for supporting these types of civil participation.

All appropriate information should be presented in clear and easily understandable language and in accessible format at all stages of decision making, without undue administrative obstacles and, in principle, free of charge, in accordance with open data principles. Views on a specific policy or topic should be collected as part of an official procedure, through various means and tools, such as meetings, public hearings, focus groups, surveys, questionnaires and digital tools. Authorities should provide publicly available feedback on the outcome of consultations. Structured, long-lasting and results-oriented processes are based on mutual interest in the exchange of opinions between public authorities, individuals, NGOs and civil society at large. Different platforms for dialogue include regular public hearings, public forums, and advisory councils.

Civil participation in decision-making processes extends beyond the provision of information, consultation or dialogue. It may include working groups or committees for the co-development of documents, with transparent criteria and processes for the representation of individuals, NGOs and civil society.

Civil Participation in Decision-Making: An Overview of Standards and Practices in Council of Europe Member States
Civil Participation in the Decision-Making Process: The Code of Good Practice

Civil Society Participation in CoE Activities

There are two institutional mechanisms allowing for civil society participation in COE activities. First, civil society organizations (CSOs) participate in the COE’s activities through the Conference of International Non-Governmental Organizations (INGOs), which is the chief body representing the INGOs enjoying participatory status with the COE. The Conference constitutes civil society’s pillar in the Council of Europe “quadridialogue” with the Committee of Ministers, the Parliamentary Assembly, and the Congress of Local and Regional Authorities. Participatory status is granted by the CoE to international NGOs, which share the COE goals and values as stipulated in Article 1 of the COE Statute, and which are particularly representative at the European level (e.g., affiliations of national umbrella organizations in several of the 47 member states).  In addition, they need to demonstrate capacity to contribute to CoE activities and to promote them among the European public (Committee of Ministers’ Resolution No. (2003)8 on a Participatory Status for International Non-Governmental Organizations).

Applications for participatory status must be submitted on the official form and must be accompanied by a file in French or English. The file must contain the INGO’s statute; a list of member organizations, as well as the approximate number of members of each of these national organizations; a report on its recent activities; and a declaration to the effect that it accepts the principles set out in the Preamble and in Article 1 of the COE Statute.  Participatory status is granted once a year in December, and the procedure for the examination of applications takes several months. At present, some 320 INGOs have granted participatory status.  Co-operation with INGOs holding participatory status takes many forms, from simple consultation to full-scale co-operation on specific projects.

In January 2008, the Conference of INGOs established the Expert Council on NGO Law, which operates under the authority of the Conference. The Council was established against the background of the COE Warsaw Declaration, which was issued at its Europe Summit of 2005, and the COE Recommendation on the Legal Status of NGOs in Europe (CM/Rec(2007)14). The Mandate of the Expert Council is to contribute to the creation of an enabling environment for NGOs in the member states by  monitoring the legal and regulatory framework in European countries, as well as the administrative and judicial practices in them, which affect the status and operation of NGOs; preparing opinions and reports on both matters of concern and examples of good practice on a thematic or country basis; taking action towards implementation of its recommendations at European and national level; promoting knowledge and implementation of the Committee of Ministers Recommendation CM/Rec (2007)14 on the legal status of NGOs; analyzing relevant developments in European standards and case law; and proposing ways in which Council of Europe standards pertinent to freedom of association could be further developed.

The Conference of INGOs appoints the President of the Expert Council, and the Bureau of the Conference of INGOs appoints up to 15 members for a three year term. Each member is designated in her/his personal capacity. During its first term (2008-2011), the Council produced thematic annual reports: on the conditions of the establishment of CSOs; on the internal governance of CSOs; and on the sanctions and liabilities with respect to CSOs. Following a period of evaluation and the approval in January 2012 of a report by the President of the Expert Council on “The future role and operations of the Expert Council on NGO Law”, the Conference of INGOs reaffirmed the position of the Expert Council as one of its main organs and appointed members thereof for a second three-year term. During its second term (2012-2015), in December 2013, the Expert Council produced a report on Regulating Political Activities of Non-governmental Organizations. The Conference of INGOs subsequently underwent a major reform in 2020 with the adoption of new Rules of Procedure. The main aim of this reform was to make the Conference a lighter structure and more relevant to the COE.

In addition, COE cooperates with NGOs through its civil society initiatives and co-operation programs, which seek to strengthen the role of civil society in pluralistic democracies, and in particular to improve relations between NGOs and member states’ public authorities. Examples of that cooperation include: the Civil Society Leadership Network for Armenia, Azerbaijan, Georgia, Moldova and Ukraine; Support to Civil Society in Russia; and Support to Civil Society in Belarus.

While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

General News

EU Commission proposes ‘one stop shop’ for civil society groups (September 2023)
CSOs will have a ‘one stop shop’ to allow them to operate in EU countries where they are not registered under a new proposal tabled by the European Commission. The proposal “will improve the functioning of the internal market by removing legal and administrative barriers for non-profit associations that operate or wish to operate in more than one member state”, an EU executive explained in a press release.

Council of Europe Approves Conclusions on Role of Civic Space (March 2023)
The Council of Europe approved conclusions on the role of civic space in protecting and promoting fundamental rights in the EU. The conclusions emphasize the essential role freedom of association plays in ensuring a democratic and pluralist society and the proper functioning of public life. Unjustified restrictions to the operating space of civil society organizations and human rights defenders can present a threat to the rule of law.

Secretary General pledges full support to Ukrainian civil society (January 2023)
Secretary General Marija Pejčinović Burić has pledged full support to Ukraine during a meeting with Oleksandra Matviichuk from the country’s Centre for Civil Liberties. Ukrainian civil society was key to documenting gross human rights violations and war crimes, and the Council of Europe was stepping up co-operation and support for their efforts, the Secretary General said.

Council of Europe Launches New Website for Civil Society (May 2022)
The Council of Europe recently launched a new website to make it easier for civil society organisations to work with us. The Council of Europe is the continent’s leading human rights organisation, bringing together governments to build a future based on human rights, democracy and justice. Civil society is an important element of that mission, and whilst it always played its part, its involvement has grown over the years.

Member states should give support to ensure the political participation of minority youth (September 2021)
On June 15, 2021, the Committee on Anti-Discrimination, Diversity, and Inclusion (CDADI), during its third plenary meeting, adopted a study on the active political participation of national minority youth in Council of Europe member states. The methodology and framework of the study were based on two questionnaires – one addressed to the member states and the other to civil society organisations promoting the participation of national minority youth – and focus groups. The questionnaires sought to take stock of the current situation, determine trends, and identify good practices, obstacles, and challenges.

The EU must help resolve constitutional crisis in Kyiv (December 2020)
Since Ukrainian President Volodymyr Zelensky’s election in April 2019, it has become increasingly clear that pro-Kremlin politicians have formed an unholy alliance with Ukrainian oligarchs who share a common goal of derailing Ukraine’s European integration. It was a complaint from these pro-Kremlin forces in parliament that led to the Constitutional Court’s recent decision to annul the asset declaration system. With its latest ruling, Ukraine’s Constitutional Court has demonstrated that it is not capable of carrying out its functions in an objective and independent manner. In its December 9 reply to a request from President Zelenskyy, the Council of Europe’s Venice Commission severely criticized the ruling of Ukraine’s Constitutional Court.

Human rights alarm as Hungary seeks indefinite extension to state of emergency (March 2020)
Hungarian MPs are considering a new bill which would increase the government’s powers during the coronavirus pandemic. It would allow Viktor Orban’s government to extend the state of emergency indefinitely, even if the spread of COVID-19 made it impossible to sit in Parliament. But the Commissioner for Human Rights of the Council of Europe has expressed concern over the new law. Dunja Mijatovic wrote on Twitter that she believed the Hungarian parliament was preparing to grant “sweeping powers” to the government without any restrictions or time limits.

How European Civil Society Is Pushing Back Against Democratic Erosion (March 2020)
In the last several years, CSOs have increasingly been using international and European channels like the Venice Commission (an advisory body of the Council of Europe), United Nations’ special rapporteurs, and the European Court of Justice to hold governments accountable for upholding their democratic commitments. Pan-European networks have become much more assertive and proactive in pressing EU institutions to get involved in defending civic and democratic spaces.

115th Plenary session of the Venice Commission of the Council of Europe (June 2018)
Venice Commission adopted an opinion on the compatibility with international human rights standards of the Hungarian government’s new “Stop Soros” draft legislative package as far as it affects NGOs.

“Stop Soros” legislation in Hungary (June 2018)
President of the Venice Commission, Gianni Buquicchio asked Hungarian parliament not to proceed with vote before its opinion on the matter is adopted.

Copenhagen Declaration adopted (April 2018)
Copenhagen Declaration on the reform of the European Convention on Human Rights system has been adopted following a high-level conference held specifically on this topic.

Council of Europe expert opinion on Romania’s draft law on associations and foundations (March 2018)
The Expert Council on NGO Law of the Conference of INGOs of the Council of Europe published its opinion on the Romanian draft law 140/2017 on Associations and Foundations. The Expert Council finds that the changes would be effected by the provisions in the draft law give rise to a number of shortcomings.

New guidelines on media pluralism and transparency of media ownership (March 2018)
New guidelines are focusing on the promotion of media pluralism and transparency, the recommendation provides a comprehensive framework.

Commissioner concerned about proposed additional restrictions to the work of NGOs in Hungary (February 2018)
Commissioner for Human Rights, Dunja Mijatovic published a statement expressing her serious concern at the proposed “Stop Soros” legislative package that would introduce further restrictions of NGOs in Hungary

Commissioner concerned about human rights backsliding in Poland (February 2018)
Commissioner concerned about deteriorating environment for NGOs in Poland, warns the police searches may have a dangerous chilling effect for their work. The Commissioner published the exchange of letters with the government of Poland on the independence of the judiciary; women’s rights; and the situation of NGOs and Ombudsman.

Turkey’s decision to ban all events organised by LGBTI is a breach of fundamental rights (December 2017)
PACE’s  General Rapporteur on the rights of LGBTI people calls the Turkish authorities to ensure that the human rights of LGBTI people are upheld and that any decisions taken at local or regional level in breach of fundamental rights are immediately overturned.

European convention is needed for greater protection of lawyers (December 2017)
Lawyers in many Council of Europe member States, are victims of harassment, threats, attacks and physical violence and abuse of disciplinary proceedings. PACE Committee on Legal Affairs and Human Rights voted in favour of drafting a European convention on the profession of lawyer to provide effective protection for the profession of lawyer.

Poland: Recent reforms constitute “grave threat” to the judiciary (December 2017)
In its opinion the Venice Commission finds that the cumulative effect of proposed reforms to two laws and recently adopted amendments to a third law “puts at serious risk” the independence of “all parts” of the Polish judiciary. The opinion concerns two draft laws, which propose to amend the Act on the National Council of the Judiciary and the Act on the Supreme Court, as well as already adopted amendments to the Act on Ordinary Courts. (Update: The Polish Parliament adopted the draft acts on 15 December 2017.

Romania: draft Law on Associations and Foundations shows serious shortcomings as regards compliance with international standards (December 2017)
The Expert Council on NGO Law of the Conference of INGOs of the Council of Europe published its opinion on the Romanian Draft Law 140/2017 on Associations and Foundations. The Expert Council on NGO Law examined the draft law’sts compatibility with international standards and best practices and found “that the changes that would be effected by the provisions in the draft Law give rise to a number of shortcomings as regards compliance with international standards and best practices.”

European governments to fully assume their positive obligation to protect media professionals (November 2017)
Culture Committee of the PACE adopted a draft resolution that urges governments to fully assume their positive obligation to protect media professionals, taking all necessary steps to ensure freedom of expression and the protection of sources, and put an end to impunity for attacks on journalists. The adopted text also calls on trade unions and journalists’ organisations to adjust to rapid societal changes.

Address by the President of the Conference of INGOs (November 2017)
In her address at the exchange of views with the Ministers’ Deputies of the Council of Europe, the President of the Conference of INGOs, welcomed the adoption of the Guidelines on Participation and highlighted inspiring developments on country level. Anna Rurka warned about alarming examples that weaken and compromise NGO’s ability to function and proposed that a platform be set up to receive alerts from NGOs in a transparent and verifiable manner.

CoE partners with leading tech companies to promote respect for human rights (November 2017)
In order to promote an open and safe internet, where human rights, democracy, and the rule of law are respected Council of Europe Secretary General Thorbjørn Jagland signed a partnership agreement with representatives of eight leading technology firms and six associations. Areas of co-operation include the protection of children against sexual exploitation and abuse, freedom of expression and internet intermediaries, the right to privacy and the protection of personal data, education for democratic citizenship, gender equality, countering cybercrime and terrorism, culture and digitisation.

Member states have a duty to ensure Council of Europe principles are respected (October 2017)
The Secretary General of the Council of Europe, Thorbjørn Jagland addressed Congress members during their 33rd Session in Strasbourg and reiterated that Council of Europe promotes fundamental standards, particularly those enshrined in the European Convention on Human Rights and it’s the member states’ duty to ensure that those standards are respected. The Secretary General, among others, also noticed the situation in Catalonia, Moldova and of the linguistic minorities in Ukraine.

Council of Europe Adopts Guidelines for Civil Participation in Political Decision-Making (September 2017)
The guidelines are a significant step forward in the promotion of participatory democracy in Council of Europe states. They provide a clear roadmap to effectively implement the right to civil participation for both states and civil society; this will make them an important reform and advocacy tool.

Turkey: not to create an atmosphere of arbitrariness leading to fear, self-censorhip and a chilling effect within civil society (July 2017)
On 18 July well-known Human Rights defenders were imprisoned, including the Director of Amnesty International Turkey, Idil Eser, and two trainers from Germany and Sweden for, allegedly, having given support to a terrorist organisation. Reacting to the events, Secretary General Thorbjørn Jagland stated that “it is a well-established principle of the Council of Europe, confirmed by the case-law of the Strasbourg Court, that human rights defenders should be able to fulfill their activities freely without being subject to arbitrary interferences by the authorities. Such grave accusations as terrorism-related offences should be backed by serious and concrete evidence.”

The Russian Federation’s Law on Foreign Agents contravenes human rights (July 2017)
“The application of this law has had a chilling effect on the work of civil society organisations in the Russian Federation and has considerably interfered with the rights to freedom of association and freedom of expression of many non-commercial organisations and human rights defenders, sometimes with severe consequences.” writes the Council of Europe Commissioner for Human Rights, Nils Muižnieks, in his observations submitted to the European Court of Human Rights on a group of cases which challenge the so-called “Law on Foreign Agents” […]

Venice Commission on Hungarian law on foreign-funded NGOs (June 2017)
The Venice Commission has published today its preliminary opinion on the Draft Law on the Transparency of Organisations Receiving Support from Abroad of Hungary.

Council of Europe urges states to step up their action to prevent corruption (June 2017)
The Group of States against Corruption of the Council of Europe (GRECO) has called on European governments, parliaments and judicial governing bodies to step up their efforts to create more effective preventive mechanisms against corruption. In its annual report, published today, GRECO provides a review of its 49 member states action against corruption in 2016, and points out that countries too often over-rely on the repressive aspects of fighting corruption and underestimate the effectiveness of preventive mechanisms, which often do not exist or are too weak.

PACE monitoring co-rapporteurs to visit Azerbaijan (June 2017)
Stefan Schennach (Austria, SOC) and Cezar Florin Preda (Romania, EPP/CD), co-rapporteurs of the Parliamentary Assembly of the Council of Europe (PACE) for the monitoring of Azerbaijan, will make a fact-finding visit to the country from 12 to 14 June 2017.

Ukraine: Secretary General Jagland voices concern over blocking social networks and websites in Ukraine (May 2017)
Council of Europe Secretary General has voiced his concern about a decree by Ukrainian President Poroshenko on the blocking of several major online services and social networks on the territory of Ukraine.

Commissioner calls on Ukrainian authorities to revise the anti-corruption legislation that might negatively affect NGOs and journalists (May 2017)
In a letter addressed to the Deputy Head of the Administration of the President of Ukraine published today, the Commissioner recommends removing the recently-enacted provisions in the legislation on corruption prevention requiring civil society representatives or other persons working on anti-corruption issues to declare their assets in the same way as state officials or public servants.

MONEYVAL: Annual Report for 2016 (May 2017)
MONEYVAL, the Council of Europe’s body in charge of fighting money laundering and financing of terrorism, today made public its annual report for 2016. Continuing mutual evaluations of states in 2016, the ongoing 5th round of evaluations focused on whether states actually and efficiently made use of their laws and measures that are in place.

Priorities of the Czech Chairmanship of the Committee of Ministers of the Council of Europe (May – November 2017)
Czech Foreign Minister Lubomír Zaorálek presented the priorities for his country’s chairmanship. They include protecting the human rights of persons belonging to vulnerable or disadvantaged groups, promoting gender equality, strengthening the rule of law, and supporting local and regional democracy and public administration reforms.

The Shrinking Space for Human Rights Organisations (April 2017)
Read this opinion piece by the Council of Europe Commissioner for Human Rights, Nils Muiznieks.

PACE calls on Hungary to stop work on NGO funding and university laws (April 2017)
The Parliamentary Assembly of the Council of Europe (PACE) has called on Hungary to suspend the parliamentary debate on the draft law on the “Transparency of Organisations receiving Foreign Funding” and the implementation of the Act amending the National Higher Education Act, pending the opinion of experts from the Council of Europe’s Venice Commission.

PACE calls for better checks on Interpol’s ‘red notices’ to end abuse (April 2017)
PACE has called on Interpol to conduct better checks on the people targeted for arrest in “red notices” to prevent certain states more effectively from abusing the system in order to persecute political opponents beyond their borders.

Committee of Ministers´ recommendation calls for strong regulations on lobbying (March 2017)
The Council of Europe has called on its 47 member states to ensure that they have in force a strong legal framework promoting transparency of lobbying activities.

The functioning of democratic institutions in Poland: visit by co-rapporteurs (March 2017)
Yves Cruchten (Luxembourg, SOC) and Thierry Mariani (France, EPP/CD), co-rapporteurs on ‘The functioning of democratic institutions in Poland’, will make a fact-finding visit to Warsaw from 3 to 5 April 2017.

Nils Muižnieks: ‘2016 a critical turning point for human rights in Europe’ (March 2017)
“2016 will likely be remembered as a critical turning point for human rights in Europe” said the Council of Europe Commissioner for Human Rights, Nils Muiznieks today while presenting his annual activity report for 2016. “We will either see it as a low point from which European countries, individually and collectively, bounced back to reaffirm their commitment to human rights, or it will mark the beginning of the end of the European human rights system and European integration.”

Cooperation with national human rights bodies to protect freedom of expression and journalists (December 2016)
The Council of Europe and the European Network of National Human Rights Institutions (ENNHRI) organised on 15 December in Strasbourg a high level seminar to discuss the potential for co-operation to promote and protect freedom of expression and the safety of journalists in member states.

Committee of Ministers reviews the implementation of judgments of the European Court of Human Rights (December 2016)
The texts adopted at this meeting concern: Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria, France, Georgia, Hungary, Italy, Lithuania, the Republic of Moldova, Poland, Romania, the Russian Federation, Serbia, Slovenia, Turkey, Ukraine and United Kingdom.

Turkey: state of emergency justified but measures taken excessive – Venice Commission (December 2016)
An opinion concludes that Turkish authorities had been confronted “with a dangerous armed conspiracy” and had “good reasons” to declare the state of emergency, but that measures taken by the Government went beyond what is permitted by the Turkish Constitution and by international law.

Fact finding visit on civil participation in decision-making to Hungary (November 2016)
From 21 to 22 November, the Conference of INGOs carried out a fact finding visit in Budapest with a view to assessing the participation of civil society in political decision making and to strengthening the connection with national NGOs in the Member States.

Fact-finding visit to Berlin (October 2016)
The fact-finding visits of the Conference of INGOs focus on NGO participation in the decision-making process. In the German context, particular attention was given to the question of the integration of refugees. The challenges faced by NGOs which are active in the welcoming and the integration of refugees and migrants were discussed.

State of emergency in Turkey: Call on civil society to be vigilant (July 2016)
Read the statement by Anna Rurka, President of the Conference of INGOs, on the situation in Turkey.

Thorbjørn Jagland: Council of Europe focussed on protecting human rights and democracy in Turkey (July 2016)
Secretary General Thorbjørn Jagland has spelt out Turkey’s obligations and responsibilities following its temporary derogation from European human rights law.

UK membership of Council of Europe has implications for data protection after Brexit (July 2016)
[…] Any step towards a UK without a data protection law would require the UK to withdraw from the Council of Europe and its European Convention of Human Rights (ECHR), something that Mrs. May has categorically stated will not happen under her watch as Prime Minister. […]

Eastern Partnership study: civil participation in decision making (May 2016)
Challenges and opportunities in the field of participatory policymaking in the six Eastern Partnership (EaP) countries (Armenia, Azerbaijan, Belarus, Georgia, Moldova, and Ukraine) are featured in a new study on civil participation in decision-making in this region, supported by the joint EU/Council of Europe (CoE) Programmatic Cooperation Framework (PCF).

The Venice Commission publishes a new opinion on France (March 2016)
The European Commission for Democracy through Law (“Venice Commission”) has just published an opinion in which it expresses the view that the framework of the current constitutional reform in France could be improved. It points out in particular that any decision to deprive persons of their nationality must fully respect the right to a fair trial and the principle of proportionality.

Committee of Ministers: Decisions on the execution of European Court of Human Rights judgments (March 2016)
The Committee of Ministers today published the decisions and resolutions adopted at its 1250th special “human rights” meeting (8-10 March 2016) during which it has examined the state of implementation of judgments of the European Court of Human Rights.

“Rising extremism, radicalisation and xenophobia in the fight against terrorism: Building inclusive societies as a cure / The need for collective action” (February 2016)
The Committee of Ministers is holding a thematic debate on “Rising extremism, radicalisation and xenophobia in the fight against terrorism: Building inclusive societies as a cure / The need for collective action” on 15 March 2016. The Conference of INGOs will submit a written contribution to this debate and invites you to reflect.

Presentation of the outcome of the January Session of the Conference of INGOs to the Ministers’ Deputies (February 2016)
The President of the Conference of INGos, Anna Rurka, was invited to the Ministers’ Deputies’ Rapporteur Group on Democracy on 25 February to present the outcome of the January session of the Conference.

European Civil Society Says Don’t Compromise on Values! (January 2016)
Civil society representatives from all over Europe have warned Governments to resist any attempt to abandon the core values which underpin the European Union and the Council of Europe and called on them to reaffirm their unconditional commitment to the European Convention on Human Rights.   Meeting this week at the Council of Europe’s Conference of International Non-Governmental Organisations, which groups more than 400 Europe-wide INGOs, they deplored the fact that European leaders seemed more and more inclined to close their eyes and sacrifice their principles for short-term political and economic interests.

NGO participation in the decision-making process (January 2016)
A delegation of the Conference of INGOs of the Council of Europe carried out fact-finding visits to the Republic of Moldova and Bulgaria to meet with NGOs and discuss with them their participation in the decision-making process. Discussion focused on key questions such as what tools exist which allow them be heard and participate in decision-making, at what moment are they consulted, in what manner, is their point of view taken into account. The delegation held meetings with NGOs and with senior officials in several Ministries and the Parliament of the Republic of Moldova and Bulgaria.

News Archive

Support to MEMORIAL: Statement by the President of the Conference of INGOs (November 2015)

Europe must uphold values of human rights, democracy, UN chief says in Strasbourg visit (June 2015)

Ukraine derogation from European Convention on Human Rights (April 2015)

Statement by Jan Kleijssen. Global Conference on Cyber Space (April 2015)

Bureau of the Conference of INGOs nominates new members of the Expert Council on NGOs(April 2015)

The role and functioning of NGOs in the Council of Europe – Exchange of views with representatives of NGOs (February 2015)

A new leadership for the Conference of INGOs (February 2015)

The Conference of International Non-Governmental Organisations (INGO) responds to the terrorist attacks in Paris on 7, 8 and 9 January 2015 (January 2015)

The Conference of International Non-Governmental Organisations (INGOs) of the Council of Europe adopted resolution on Civil society, peace and democracy in Ukraine (January 2015)

Court of Justice rejects draft agreement of EU accession to ECHR (November 2014)
EU-Council of Europe cooperation (November 2014)

Vĕra Jourová takes up office in the European Commission (November 2014)

Azerbaijan’s human rights are on a knife edge (November 2014)

Jailed Azerbaijan activist awarded human rights prize (October 2014)

PACE rapporteur: Italy must promptly implement Strasbourg Court judgements (October 2014)

Nils Muižnieks calls for “effective investigation” of Crimea’s human rights abuses (September 2014)

Thorbjørn Jagland: Europe’s democracies face a crisis of trust (September 2014)

Council of Europe Condemns Deterioration of Human Rights in Spain (October 2013)

Council of Europe Holds Seminar on Civil Society Crackdown on Khodorkovsky’s Birthday (July 2013)

PACE rapporteurs express concerns about freedom of assembly and expression in Azerbaijan (November 2012)

The state of civil society in Belarus (November 2012)

Council of Europe chides Russia in new report (October 2012)

EU accession to human rights convention is “crucial” (June 2012)

Brighton Conference on the future of the Court (April 2012)

EU citizens can launch a legal initiative with the EU Commission given that they collect 1 million signatures (April 2012)

ECHR backs police protest containment strategy of “kettling” (March 2012)

UK urges changes to the Europen human rights convention (March 2012)

EU accession to the ECHR – at which stage are we? (February 2012)

Council of Europe chairmanship to focus on human rights court reforms, UK says (November 2011)

Committee of Ministers: Decisions on execution of European Court of Human Rights judgments (September 2011)

EU accession agreement should increase human rights protection (September 2011)

EU a step closer to ECHR accession (July 2011)

Jagland urges constructive dialogue for freedom of assembly in Russia (May 2011)

Assembly President welcomes release of Azerbaijan opposition journalist (May 2011)

Secretary General Jagland calls for important change to Russian legal system (May 2011)

Council of Europe: Vice-President of Parliamentary Assembly speaks of human rights-based approach to counter-terrorism (December 2010)

Spain: European Court of Human Rights upholds dissolution of Basque party (December 2010)

Turkey: European Court finds conviction of demonstrators in breach of Convention rights (December 2010)

Lawyer’s guide issued to stem flow of obviously inadmissible applications to the Court (December 2010)

European Commission and Council of Europe kick off joint talks on EU’s accession to the Convention on Human Rights (July 2010)

Decision on admissibility: Adrian Mihai Ionescu v. Romania (application no. 36659/04) (June 2010)

EU Commission proposes negotiation directives for EU’s accession to the European Convention on Human Rights (ECHR) – frequently asked questions (March 2010)

Member states must do more to guarantee respect for media freedom (January 2010)

Thorbjørn Jagland: ”Council of Europe should anticipate social and political crises” (January 2010)

Russia Ends Opposition to Rights Court (January 2010)