Sloboda udruživanja i njena ograničenja
The Freedom of Association and its Limitations

Summary/Abstract: The author analyses freedom of association and its limitation, as extraordinary measure in a democratic society. The focus is on the actual problems of relationship between the Constitutional Court and associations and political organizations and parties. The author quotes provisions of the Constitution that serve as basis for prohibition of work of the abovementioned associations. She maintains that relation between the Constitutional Court and political associations and organizations has a political dimension along with the Constitutional aspect. This relation had been institutionalized within the framework of Constitutional Court's competence, giving the state the right to monitor the work of the abovementioned associations in an appropriate procedure. The measure of the abovementioned limitations should be proportionate and necessary if it represents a response to a significant need of society. One must find a balance between individual's right to freedom of association and the interests of society and community as whole, bearing in mind general situation in a particular country. Besides analyzing the provisions of Constitution, the author also points out the current practice and jurisprudence of Constitutional Court, as well as practice from comparative law, offering examples from systems of other European countries. She also takes careful notice of jurisprudence of the European Court of Human Rights, whose decisions represent practical implementation of European Convention, especially provisions of articles 8, 10 and 11 which prescribe for the exceptions from and limitations of the proclaimed rights and freedoms. The author also analyses the Recommendation of the Venetian Commission.

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