The Religious Denomination of Jehovah's Witnesses in Bulgaria v. Bulgaria, No. 5301/11, ECtHR (Fourth Section), 10 November 2020

Suspension imposed on the construction of a Jehovah's Witnesses' worship facility, compatible with urban planning regulations. Violation of art. 9 of the ECHR, interpreted in the light of art. 11.

1. While the Convention does not guarantee the right to be given by the authorities a place of worship as such, restrictions on establishment of places of worship may constitute an interference with the right guaranteed by Article 9. In facts, the possibility of using buildings as places of worship is important for the participation in the life of the religious community and thus for the right to manifestation of religion.
2. Even the enforcement of generally applicable neutral provisions, such as urban planning regulations, can in some cases amount to an interference with the exercise of religious freedom. Any such interference can only be justified if the obtaining limitations may be considered as having been “prescribed by law” and “necessary in a democratic society” for one or more of the purposes set out in the second paragraph of Article 9.
(In the present case, the construction of a religious building had been interrupted due to the violation of certain urban planning regulations. Following the elimination of all the incompatibilities, the organization concerned had requested to be authorized to resume the construction. The competent authority, which at first did not provide an answer, later rejected the request. Furthermore, the mayor of the municipality had elsewhere expressed his opposition to the authorization for the construction of such a place of worship. These circumstances constitute a violation of art. 9 of the ECHR, interpreted in the light of art. 11)