Case 341_94
341_94 personal_scope
94. When the Court carries out its scrutiny, its task is not to substitute its
own view for that of the relevant national authorities but rather to review
under Article 11 the decisions they took. This does not mean that it has to
confine itself to ascertaining whether the State exercised its discretion
reasonably, carefully and in good faith; it must look at the interference
complained of in the light of the case as a whole and determine, after
establishing that it pursued a “legitimate aim”, whether it answered a
“pressing social need” and in particular whether it was proportionate to that
aim and whether the reasons adduced by the national authorities to justify it
were “relevant and sufficient” (see Coster v. the United Kingdom [GC],
no. 24876/94, § 104, 18 January 2001; Ashughyan v. Armenia,
no. 33268/03, § 89, 17 July 2008; S. and Marper v. the United Kingdom
[GC], nos. 30562/04 and 30566/04, § 101, ECHR 2008; Barraco, cited
above, § 42; and Kasparov and Others v. Russia, no. 21613/07, § 86,
3 October 2013). In so doing, the Court has to satisfy itself that the national
authorities applied standards which were in conformity with the principles
embodied in Article 11 and, moreover, that they based their decisions on an
acceptable assessment of the relevant facts (see Rai and Evans v. the United
Kingdom (dec.), nos. 26258/07 and 26255/07, 17 November 2009, and Gün
and Others v. Turkey, no. 8029/07, § 75, 18 June 2013; see also Gerger v.
Turkey [GC], no. 24919/94, § 46, 8 July 1999, and United Communist Party
of Turkey and Others v. Turkey, 30 January 1998, § 47, Reports of
Judgments and Decisions 1998-I).