''Vogt v. Germany'' (1996) 21 EHRR 205, (17851/91) was a case decided by the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...

(ECHR) in 1995. The case concerned a Mrs. Vogt who was suspended from her teaching job at a public secondary school because of her past membership in the

German Communist Party The German Communist Party (german: Deutsche Kommunistische Partei, ) is a communist party in Germany. The DKP supports left positions and was an observer member of the European Left. At the end of February 2016 it left the European party. His ...

. The ECHR ruled that this application of

Berufsverbot is an order of "professional disqualification" under German law. Berufsverbot may be translated into English as "professional ban". A disqualifies the recipient from engaging in certain professions or activities on the grounds of their criminal ...

violated provisions in the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...

relating to

freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...

and

freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline mem ...

Facts

Mrs. D. Vogt joined the

in 1972 (Para. 18). In 1977, she became a language teacher at a public secondary school and, correspondingly, a probationary civil servant. In 1979, she was appointed a permanent public servant (Para. 9). In 1986, Mrs. Vogt was suspended based on

(Para. 16). The German courts considered her dismissal to be legal, considering GCP's aims anti-constitutional and active membership in GCP incompatible with a civil servant's duty of loyalty (Para. 18-23). In 1990,

Lower Saxony Lower Saxony (german: Niedersachsen ; nds, Neddersassen; stq, Läichsaksen) is a German state (') in northwestern Germany. It is the second-largest state by land area, with , and fourth-largest in population (8 million in 2021) among the 16 ...

cancelled its decree on employment of extremists in the civil service (Para. 32.), and, in 1991, Mrs. Vogt was reinstated (Para. 24). In 1991, an application was lodged before the

European Commission of Human Rights The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Hu ...

(Para. 1.). In 1992, it was declared admissible. In 1993, the Commission held in its report, by 13 votes to 1, that Articles 10 (

) and 11 (

) of the

were violated, but the complaints under Article 14 (ban of discrimination in enjoying Convention rights) were not necessary to examine (Para. 95-97 of the Report).

Judgment

The Grand Chamber of the ECtHR held in 1995, by 10 votes to 9, that Articles 10 and 11 of the ECHR were violated, considering the dismissal disproportionate to the legitimate aim pursued (Para. 68). The court underlined that It also held unanimously that it was not necessary to examine the case under Article 14 of the Convention taken in conjunction with Article 10, since this complaint was not raised by Mrs Vogt at court. Judges Bernhardt, Gölcüklü, Matscher, Loizou, Mifsud Bonnici, Gotchev, Jungwiert, Kūris and Jambrek filed dissenting opinions, finding no violation in the case. Judge Mifsud Bonnici also annexed a statement to the judgment. The Court reserved the question of awarding just satisfaction and struck the case out of the list in 1996, after a settlement between the applicant and the government.

Notes

{{reflist, 2

External links

Admissibility decisionReportECtHR judgment on the meritsECtHR judgment on striking the case on just satisfaction out of the list
Anti-communism in Germany Article 10 of the European Convention on Human Rights Article 11 of the European Convention on Human Rights Civil services European Court of Human Rights cases decided by the Grand Chamber European Court of Human Rights cases involving Germany 1995 in case law

Facts

Judgment

See also

Notes

External links