NGOs under European Convention on Human Rights / Tymofeyeva

1.2 Special definition of ‘NGO’ in the Convention

1.2.1 The term ‘non-governmental organisation’ in Article 34 of the Convention

1.2.1.1 General considerations The Convention sets forth two complaint procedures: one for inter-state complaints (Article 33 of the Convention) and another for individual complaints (Article 34 of the Convention). 154 In an inter-state procedure, the applicant state is not itself harmed in any way, but the general quality of the actions and laws of the government accused of a violation are incompatible with the Convention. 155 The second procedure is titled ‘individual applications’ 156 and is envisaged in Article 34 of the Convention. In accordance with this Article of the Convention, the Court may receive applications from any persons, non-governmental organisations and groups of individuals. 157 From this list, it clearly appears that NGOs are entitled to take part in the proceedings before the Court. The question is what the Convention means by the term ‘non governmental organisation’. The explanation may be found in the case-law of the Court and commentaries to the Convention. In her monograph ‘Proceedings before the European Court of Human Rights’ (original in Czech – ‘Řízení před Evropským soudem pro lidská práva’), 158 Eva Hubálková, the senior lawyer at the Court Registry, writes that the the Court defined the term ‘NGO’ in the case of the HolyMonasteries v. Greece , 159 where it ruled that they are the entities within the meaning of public law, which do not exercise governmental powers. In other words an entity may be called an ‘NGO’, if it is independent from state authorities. Independence from the state In the case of Ukraine-Tyumen v. Ukraine , 160 the Court clarified the rule of independence from governmental authorities by giving an explanation of the notion ‘NGO’ a contrario . Referring to the decision in the case of Radio France and Others v. France , it noted that the term ‘governmental organisation,’ contrary to the term ‘non governmental organisation,’ includes legal entities that participate in the exercise of 154 HARRIS, 2009, cited above, p. 4. 155 SLOOT, B. Privacy in the Post NSA Era: Time for a Fundamental Revision? Institute for Information Law, University of Amsterdam. JIPITEC, the ”Journal of Intellectual Property, Information Technology and Electronic Commerce Law”, April 2014, no. 5 (1). URL: accessed 17 February 2015. 156 Title of Article 34 of the Convention. 157 It is of importance to distinguish between the “individual applications” and the “applications submitted by individuals”. As we see in the text of Article 34 of the Convention, the list of the individual applicants includes also NGOs and the groups, not only the individuals. 158 HUBÁLKOVÁ, E. Řízení před Evropským soudem pro lidská práva . Praha: Wolters Kluwer ČR, a.s., 2010, p. 35. 159 The Holy Monasteries v. Greece , 9 December 1994, § 49, Series a no. 301-A. 160 Ukraine-Tyumen v. Ukraine , no. 22603/02, § 26, 22 November 2007.

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