Freedom of association in the case law of the European Court of Human Rights

This article examines how the case law of the European Court of Human Rights (ECtHR) has shaped the implementation of Article 11 of the European Convention on Human Rights (ECHR), which guarantees freedom of assembly and freedom of association. Specifically, it discusses the following issues: the nature of freedom of association; the negative and positive obligations of the contracting states to the ECHR with respect to freedom of association; the major features of an association as an institutional tool of choice for the exercise of freedom of association; the relationship between freedom of association and the other rights and freedoms guaranteed by the ECHR; and the legitimate scope of interference with freedom of association. In the concluding remarks, the article goes on to argue that a reach body of the ECtHR's pertinent case law provides a reliable guideline for the contracting states to legislate freedom of association and adjudicate cases of alleged interference with this freedom. However, the article also argues that there are still some contentious issues with respect to freedom of association, which will merit further attention of the ECtHR, and in particular the application of the 'democratic values' test in assessing the legitimate goals of an association.