Refah Partisi (The Welfare Party) and Others v Turkey: ECHR 13 Feb 2003

Hudoc No violation of Art. 11 ; Not necessary to examine under Arts. 9, 10, 14, 17 and 18 41340/98 ; 41342/98 ; 41343/98 ; 41344/98
‘ . . ..the expression ‘prescribed by law’ requires first that the impugned measure should have a basis in domestic law. It also refers to the quality of the law in question, requiring that it be accessible to the persons concerned and formulated with sufficient precision to enable them – if need be with appropriate advice – to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail. Experience shows, however, that it is impossible to attain absolute precision in the framing of laws, particularly in fields in which the situation changes according to the evolving views of society. A law which confers a discretion is not in itself inconsistent with this requirement, provided that the scope of the discretion and the manner of its exercise are indicated with sufficient clarity, having regard to the legitimate aim in question, to give the individual adequate protection against arbitrary interference. The court also accepts that the level of precision required by domestic legislation – which cannot in any case provide for every eventuality – depends to a considerable degree on the content of the instrument in question, the field it is designed to cover and the status of those to whom it is addressed.’

Citations:

41342/98, 41340/98, (2003) 37 EHRR I

Statutes:

European Convention on Human Rigts 10

Citing:

See AlsoRefah Partisi (Welfare Party) And Others v Turkey ECHR 31-Jul-2001
Hudoc The claimants said that the dissolution of their political party by the Turkish Constitutional Court infringed their rights. . .

Cited by:

CitedNilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another Admn 19-Dec-2003
The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression.
Held: Such an action by the prison authorities was not incompatible . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 16 May 2022; Ref: scu.180500