United Macedonian Organisation Ilinden-PIRIN and Others v. Bulgaria, No. 59489/00, ECtHR (First Section), 20 October 2005

Dissolution of a political party supposedly promoting separatist instances. Expression of secessionist ideas and calls for autonomy or territorial modifications. Protection of the rights of ethnic minorities.

Art. 11 ECHR

1. The mere fact that a political party calls for autonomy or even requests secession of part of a country’s territory on behalf of an ethnic minority is not a sufficient basis to justify its dissolution on national security grounds.

2. In a democratic society based upon the rule of law, political ideas which challenge the existing order without putting into question the tenets of democracy, and whose implementation is advocated by peaceful means, must enjoy a proper opportunity of expression through participation in the political process.

(In the present case, the Bulgarian Constitutional Court had banned a political party aiming to the recognition and protection of the rights of the Macedonian minority in Bulgaria).

According to the ECtHR, the applicant party’s dissolution infringed article 11 of the Convention. The present judgment aligns with the ECtHR’s previous decision Stankov and the United Macedonian Organisation Ilinden v. Bulgaria delivered in 2002.