Resolution CM/ResDH(2007)114[1]
Execution of the judgment of the European Court of Human Rights
Tsonev against Bulgaria
(Application No. 45963/99, judgment of 13 April 2006, final on 13 July 2006)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the judgment, transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the unjustified refusal to register a political party, on the basis of allegations of formal deficiencies and danger stemming from its goals and declarations (violation of Article 11) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Bulgaria's obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Noting that the Court considered that the finding of a violation constituted in itself sufficient just satisfaction for the non-pecuniary damage sustained by the applicant and dismissed his claim for just satisfaction,
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, if any, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures, preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2007)114
Information about the measures to comply with the judgment in the case of
Tsonev against Bulgaria
Introductory case summary
The case concerns the courts' refusal to register the Communist Party of Bulgaria in 1997-98, based on insufficient grounds to justify such a radical measure (violation of Article 11).
The Court noted in this respect that the alleged formal deficiencies in the registration documents or the similarity of the party's name to that of another registered party did not constitute, in the circumstances of the case, sufficient reason to deny registration. As regards to the alleged dangers stemming from the party's goals and declarations, the Court considered that the use of the word “revolutionary” in the party's constitution did not warrant a finding that the party in question had opted for a policy that represented a real threat to Bulgarian society or to the Bulgarian state.
I.Individual measures
The applicant may apply for the party's registration, as the refusal to register challenged in the European Court's judgment does not have force of res judicata. As to alleged non-pecuniary damage sustained by the applicant, the European Court considered that the finding of a violation constituted in itself sufficient just satisfaction. No further individual measure thus seems necessary.
II.General measures
As the Court noted in its judgment, at least eight other political parties were registered at the relevant time with the word “communist” in their names. In addition, a party named Communist Party registered a change in its name into Communist Party of Bulgaria in 2000 without any hindrance related to the similarity of the name with that of other parties (§§25 and 26 of the judgment). Finally, the applicant was the chairman of another party using the word “revolutionary” in its name and constitution, which had no difficulty being registered (§35 of the judgment).
In these circumstances, the government considers that the violation found by the European Court in this case does not reveal any structural problem concerning the registration of political parties in Bulgaria and that in consequence the publication and dissemination of the European Court's judgment to the relevant courts to enable them to take the Court's considerations into account and to draw their attention to their obligations under the Convention appear to be sufficient measures for execution.
The judgment of the European Court has been published on the website of the Ministry of Justice and also in the new quarterly journal European Law and Integration, which is published by the Ministry of Justice in 1000 copies and distributed to magistrates and academics (No. 2/2006). The judgment was sent out to the Sofia City Court and the Supreme Court of Cassation, which are the courts competent for the registration of political parties in Bulgaria.
III.Conclusions of the respondent state
The government considers that the measures adopted have remedied the consequences for the applicant of the violation of the Convention found by the European Court for Human Rights in this case; that these measures will prevent new, similar violations and that Bulgaria has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 31 October 2007 at the 1007th meeting of the Ministers’ Deputies
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