Refusal to register a cultural association that describes itself as a national minority organization.
Normative references
Art. 11 ECHR
Ruling
1. The mere reference to an ethnic identity in an association’s name cannot, in and of itself, justify a denial of registration. Failure to accept a denomination reflecting the self-determination of a group, in the absence of concrete evidence of a threat to public order or other legitimate interests, constitutes a violation of the principle of pluralism and freedom of self-identification.
2. The refusal to register an association, as a measure restricting the freedom of association enshrined in Article 11 of the Convention, is compatible with supranational legislation only if it responds to a "pressing social need" and if the reasons given are "relevant and sufficient". The burden of proof to this effect falls on the State, which must demonstrate that the restriction pursues a legitimate aim and that it does not exceed what is necessary in a democratic society.
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