AL-NASHIF v. BULGARIA JUDGMENT
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Denominations Act. The Religious Denominations Act does not contain
provisions regulating religious classes, except for Section 14 which
concerns the opening of high schools and institutions of higher education
for the training of religious ministers.
81. The Statute of the Muslim religious organisation in Bulgaria, in
force at the relevant time, was adopted at a national conference of the
Muslim believers held on 23 October 1997. On 28 October 1997 it was
approved by a Deputy Prime Minister.
82. Sections 13 and 21 of the Statute provide for local Muslim boards
(настоятелства) and District Muslim Councils (районни мюсюлмански
съвети) who are competent, inter alia, to organise classes for the study of
the Koran.
E. The Framework National Security Concept
83. The Government relied in their submissions on the Framework
National Security Concept, a declaration adopted by Parliament in April
1998. They referred to the passages in which national security was defined
so as to include the following:
“... protection of the fundamental rights and freedoms of Bulgarian citizens, defence
of the national borders, territorial integrity and independence, ... and the democratic
functioning of public and private institutions so as to ensure that society and the nation
shall preserve and enhance their well-being.”
The Framework Concept further pointed to the possible threats to
national security and stated, inter alia:
“Economic and social differences in Europe have deepened and new insecurity and
risks have thus appeared. Conflicts on an ethnic, religious and social basis have
emerged ... Religious and ethnic communities, some of which are in conflict, co-exist
in south-eastern Europe. Since the creation of new States certain communities have
displayed a tendency towards insularity. That has sharply increased the regional
threats to our national security.... Religious and ethnic extremism influences local
communities that lack strong democratic traditions...”
THE LAW
I. THE GOVERNMENT'S PRELIMINARY OBJECTIONS
84. The Government objected that domestic remedies had not been
exhausted as no appeal had been submitted against Order no. 503, the
second and third applicants had not instituted any proceedings and the first
applicant had not raised before the domestic courts the grievances