Ograničenja slobode udruživanja sa stanovišta Zaštitnika građana
Restrictions of Freedom of Association from Ombudsman's Perspective

Summary/Abstract: The author maintains that discussion of restriction of freedom of association is extremely significant and timely. He speaks about it from the perspective of Ombudsperson. Freedom of association is a very attractive liberty. On one hand, it is individual freedom of each citizen; on the other hand it's a general possibility for all to join others in order to achieve particular common goals. By recognizing and protecting it, the state confirms that citizens, joined together in an association, can realize their rights more easily and efficiently. It's a universally accepted principle that a state should refrain from interfering with freedom of association. However, this abstaining from interference does not mean that state has no obligations in relation to the freedom of association. The state is obliged to refrain from interference, its' duty is to actively promote the freedom of association and to protect it from any restrictions. In this context, the author analyses the freedom of association and its' restriction as extraordinary measure in a democratic society. He concluded that roles of the Constitutional Court and Office of Ombudsperson in guaranteeing and realization of freedom of association, as well as other human rights, are complementary. The role of Office of Ombudsperson in relation to the Constitutional Court and other courts with different competences is such that it should prevent the need for citizens to initiate court proceedings to protect their rights because state organs performed their tasks incorrectly and irregularly. The Office of Ombudsperson maintains that state should participate in court proceedings against its' citizens solely in cases when it believes that is right and state performed its' activities properly and correctly. Frequent and direct contacts between the Office of Ombudsperson and Constitutional Court that take place in a manner that ensures respect for the independence and autonomy of both institutions, contribute to a more comprehensive, efficient and essentially better protection and implementation of human rights and freedoms.

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