Vogt v. Germany
Encyclopedia
Vogt v. Germany was a case decided by the European Court of Human Rights
in 1995.
in 1972 (Para. 18). In 1977, she became a languages 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 Berufsverbot
(Para. 16). The German courts considered her dismissal to be legal, considering GCP's aims anti-constitutional and active membership in GCP incompatible with civil servant's duty of loyalty (Para. 18-23).
In 1990, the Lower Saxony 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
(Para. 1.). In 1992, it was declared admissible. In 1993, the Commission held in its report by 13 votes to 1, that Articles 10 (freedom of expression) and 11 (freedom of association
) of the European Convention on Human Rights
were violated, but the complaints under Article 14 (ban of discrimination
in enjoying Convention rights) weren't necessary to examine (Para. 95-97 of the Report).
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.
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
in 1995.
Facts and proceedings
Mrs. D. Vogt has joined the German Communist PartyGerman Communist Party
The German Communist Party is a Marxist-Leninist party in Germany.-History:The DKP was formed in West Germany in 1968, in order to fill the place of the Communist Party of Germany , which had been banned by the Federal Constitutional Court in 1956...
in 1972 (Para. 18). In 1977, she became a languages 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 Berufsverbot
Berufsverbot
Berufsverbot is an order of "professional disqualification" under German law. Berufsverbot may be called profession ban in English.A Berufsverbot disqualifies the recipient from engaging in certain professions or activities on the grounds of his or her criminal record, political convictions or...
(Para. 16). The German courts considered her dismissal to be legal, considering GCP's aims anti-constitutional and active membership in GCP incompatible with civil servant's duty of loyalty (Para. 18-23).
In 1990, the Lower Saxony 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
European Commission of Human Rights
European Commission of Human Rights was a special tribunal.From 1954 to the entry into force of Protocol 11 of the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the Commission, which if it found the case to be...
(Para. 1.). In 1992, it was declared admissible. In 1993, the Commission held in its report by 13 votes to 1, that Articles 10 (freedom of expression) and 11 (freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
) of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
were violated, but the complaints under Article 14 (ban of discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
in enjoying Convention rights) weren't necessary to examine (Para. 95-97 of the Report).
Judgment
The Grand Chamber of the ECtHR has 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 Mrs Vogt was a teacher of German and French in a secondary school, a post which did not intrinsically involve any security risks (..) there is no evidence that Mrs Vogt herself, even outside her work at school, actually made anti-constitutional statements or personally adopted an anti-constitutional stance (..) the DKP had not been banned by the Federal Constitutional Court and that, consequently, the applicant's activities on its behalf were entirely lawful (Para. 60). It also held unanimously that it is not necessary to examine the case under Article 14 of the Convention taken in conjunction with Article 10.Judges Bernhardt, Gölcüklü, Matscher, Loizou, Mifsud Bonnici, Gotchev, Jungwiert, Kūris
Pranas Kuris
Pranas Kūris is a Lithuanian lawyer. He is the first representative of Lithuania in the European Court of Justice and European Court of Human Rights....
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.