Încălcarea provocatoare a libertății de asociere. Cazul asociației „15 Decembrie - Zi a Solidarității române-maghiare”
A provocative violation of the freedom of association. The case of the association "15 December - Day of Romanian-Hungarian Solidarity"

Summary/Abstract: The study makes an almost exhaustive research of the context in which the General Secretariat of the Government (SGG) postponed, delayed and after a long time, refused to grant the right to use the name of the association "15 December - Day of Romanian-Hungarian Solidarity", established on December 15, 2021 by several Romanians and Hungarians. I give relevant information about the founding members, about the main ideas of the association, I delineate the stakes of its appearance and I review the steps needed to acquire legal personality, the first of which was a request to obtain the permission to use the name. I follow the evolution of the association's application to the National Council for Combating Discrimination and to the Bucharest Court of Appeal. I review the doctrine regarding the freedom of association developed through the jurisprudence of the European Court of Human Rights to demonstrate the complete lack of legitimacy of the SGG attitude. I stress the arbitrariness and confusion that dominated the behavior of the Secretary General of the Government, Marian Neacșu, in this case where the freedom of association was violated.

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