DECISION No.10 OF OCTOBER 6, 1994 ON CC No.4/94
Motion for interpretation of ] 3, Para.1 with reference to Art.5, Para.2 of the C. and of Art.12, Para.1 and Art.44 of the C. regarding the constitutionally admissible limits of association and the constitutionality of monopolisation of the right to association.
The Constitutional Court ruled that the provisions of the existing laws and other normative acts in the meaning of ] 3, Para.1 in connection with Art.5, Para.2 shall be applied only insofar as they do not contravene the C. The constitutional rights and legal interests of citizens and legal entitites shall be safeguarded in accordance with the effective procedure. The decisions of the law-enforcement bodies concerning the application of constitutional provisions with immediate effect are not binding and have effect only for specific cases and are subject to control as envisaged in the relevant procedural laws.
Regarding the right to assiciation the Constitutional Court ruled that the citizens are free to determine the object of their association pursuant to Art.44 of the C. for which they do not always require preliminary permission by a state body. Where it is in the interest of the state and the public, the number and composition of associations with a certain objective can be restricted without contravening the C. It is possible to delegate some state functions to citizens' associations. This can be done only by a law and in observance of the principle of voluntariness.