Case 341_93
341_93 personal_scope
93. The right to freedom of assembly, one of the foundations of a
democratic society, is subject to a number of exceptions which must be
narrowly interpreted and the necessity for any restrictions must be
convincingly established. In examining whether restrictions to the rights and
freedoms guaranteed by the Convention can be considered “necessary in a
democratic society” the Court has, however, consistently held that the
Contracting States enjoy a certain but not unlimited margin of appreciation
(see Barraco v. France, no. 31684/05, § 42, 5 March 2009). It is, in any
event, for the Court to give a final ruling on the restriction’s compatibility
with the Convention and this is to be done by assessing the circumstances of
a particular case (see Osmani and Others v. the former Yugoslav Republic of
Macedonia (dec.), no. 50841/99, ECHR 2001-X, and Galstyan v. Armenia,
no. 26986/03, § 114, 15 November 2007).