NGOs under European Convention on Human Rights / Tymofeyeva

right to appeal. The Court noted that the company Nassau Verzekering Maatschappij NV was not only never involved in the proceedings before domestic courts, but the company’s interests were not directly affected by the proceedings in question either. The company could probably be successful before the Court if it lodged the same application in the capacity of a representative. In addition, it already had a power of attorney from H. This case serves as a good example of the separation of the interests of an NGO and individuals. In accordance with the case-law of the Court, Article 34 NGOs cannot complain about the violation of the rights of their members, provided that those rights have individual character. 520 Similarly, members of these NGOs cannot complain about the violation of the rights of the organisation, 521 even if the statutory body granted them a power of attorney to represent its interests. 522 The research has shown that it is almost impossible for Article 34 NGOs to enjoy the standing of an indirect victim. Under exceptional circumstances, NGOs may take part in the proceedings before the Court as a de facto representative, 523 acting as an applicant with a specific status. De facto representation is without authorisation and an NGO in this capacity lodges an application with the Court itself. On one hand, de facto representatives act before the Court independently without having instructions from a direct victim. On the other hand, they do not have status of direct, indirect or potential victims. Consequently, they cannot be considered a victim of a violation of the Convention rights. A person without victim status or authorisation may not lodge a complaint with the Court. However, application from de facto representatives have been admitted by the Court. Therefore, it is unclear what standing before the Court this type of persons has. The main principles of the victim status requirement were already discussed in the previous sections; therefore, in the following text we will only attend to some aspects related to them. The further part of the manuscript will focus on the catalogue of rights of Article 34 NGOs listed in the Convention and Protocols to it. Taking into account the difference between natural and legal persons, it becomes obvious that some rights, such as the right to life or the right not to be tortured, may not be bestowed on Article 34 NGOs directly. 524 Practice shows that the material norms of the Convention 525 applicable to them are the following: Article 6 (right to a fair trial), 526 Article 8 (right to respect for private life), 527 Article 9 (right to manifest 520 HUBÁLKOVÁ, E, cited above, p. 36. 521 Agrotexim, cited above. 522 Pană and Others v. Romania , no. 3240/03 (dec.) ze dne 15/11/2011. 523 Centre for Legal Resources [GC], cited above, § 114. 524 Marpa Zeeland B.V. and Metal Welding B.V., cited above. 525 In the narow meaning. 526 Canea Catholic Church , cited above; Procola , cited above; Association Ekin , cited above, and Saarekallas OÜ , cited above. 527 Wieser and Bicos Beteiligungen GmbH, cited above.

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