Entities to which International Guarantees Apply

16 Austrian Communes (1) and Some of their Councillors v Austria (decision), 31 May 1974 [ECtHR]

Cases nos 5767/72, 5922/72, 5929/72, 5930/72, 5931/72, 5953/71, 5957/72, 5984/73, 5988/73 and 6011

II.  Complaints of the councillors

These applicants complain mainly about the consequences of their communes' dissolution with respect to their status as organs and members of the communes. In particular:
1. They submit that their freedom of association under Article 11 (Art. 11) of the Convention was violated by the appointment of a Government Delegate. However, neither the existence nor the autonomy of a public body such as a commune, nor the official functions exercised within such a body, are protected by Article 11 (Art. 11) or any other provision of the Convention. The Commission observes in this onnection that communes are not associations which are formed and freely joined by individuals but bodies established and governed by public law. It follows that this complaint is incompatible ratione materiae with the provisions of the Convention within the meaning of Article 27 (2) (Art. 27-2).


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