Vergos v. Greece, No. 65501/01, ECtHR (I Section), 24 June 2004

Municipal measure refusing to modify the urban plan for the construction of a worship facility. Non-violation of Article 9 of the ECHR. Decision of the Administrative Court not issued within a reasonable time. Violation of Article 6 of the ECHR.

Art. 6 ECHR
Art. 9 ECHR

1. Freedom of thought, conscience and religion is one of the foundations of a democratic society within the meaning of the Convention. While freedom of religion is primarily domestic, it also involves the freedom to manifest one's religion individually and in private, or collectively, in public and in the circle of those whose faith is shared.

2. In principle, the right to freedom of religion precludes the State's assessment of the legitimacy of religious beliefs or of the means of expression thereof. Consequently, when the exercise of the right to freedom of religion is subject, according to domestic law, to a system of prior authorization, intervention in the procedure for granting the authorization of recognized ecclesiastical authority cannot be reconciled with the requirements of the Convention.

3. The reasonableness of the length of proceedings is assessed according to the circumstances of the case and, in particular, the complexity of the case, the behavior of the applicant and that of the competent authorities. Furthermore, only delays attributable to the judicial authorities can lead to a finding that the reasonable time has been exceeded, contrary to Article 6 of the Convention. Even in legal systems enshrining the principle of the conduct of the trial by the parties, the judges are not exempted from ensuring the speed required by the Convention.
(It does not breach article 9 of the ECHR the quantitative criterion adopted by the Greek Council of State to reject the appeal of a citizen belonging to the Church of the Genuine Orthodox Christians, against a municipal measure refusing to modify the urban plan for the construction of a worship facility. The judgement of the Council of State, as not issued within a reasonable time, has in any case resulted in a violation of article 6 of the Convention)