4.  On 29 October 2008 O.M., M.I. and B.T., former nuns in the Macedonian Orthodox Church (“MOC”), founded the applicant association. The minutes of the constituent assembly (записник од основачкото собрание) included the following statement:
“... nuns gathered at the assembly do not accept the teaching of the Macedonian Orthodox Church, (which) they consider wrong and unorthodox. (Consequently) they do not want to have any canonical communication with episcopes and priests of the Macedonian Orthodox Church. Not only is (that) church in dispute (раскол) with all other orthodox churches, it is not recognised by anyone. This is so because all other churches consider its teaching heretical and wrong. We ... do not want to waste our life in religious doubt ... to be led by immature and non-religious people ... we would be offended on religious grounds if we are associated with another religious community ...”
5.  On the same date, the founding members created the following official documents: (a) a founding decision; (b) decisions authorising O.M. to represent the applicant association and submit an application for its registration; and (c) the Charter (Статут) of the applicant association.
6.  The relevant parts of the founding decision read as follows:
Article 1
“This decision serves (the purpose of) the registration of Stavropegic Monastery of Saint John Chrysostom in the register of churches, religious communities (верски заедници) and groups (религиозни групи) in the Republic of Macedonia, as a voluntary, non-profit association of Christians who do not belong to any religious community and, in particular, have nothing in common with the Macedonian Orthodox Church. ”
Article 3
“Because it is a Christian religious community ...”
7.  The relevant parts of the Charter read as follows:
Article 1
“The Stavropegic Monastery of Saint John Chrysostom is a voluntary association of individuals who exercise, through their religious beliefs and doctrinal sources, freedom of religion ... through preaching, prayer, religious rituals, and other forms of expression.”
Article 2
“The Stavropegic Monastery of Saint John Chrysostom is a religious community founded by nuns (completely devoted to God) and private citizens (световни лица), whose religious beliefs correspond to the Old and New Testament (the Bible). ”
Article 3
“The name of the religious community is: Stavropegic Monastery of Saint John Chrysostom, with its registered office in v. Nizopole-Bitola.”
8.  On 5 November 2008 O.M. submitted an application for registration of the applicant association “as one of the religious communities” to the Skopje Court of First Instance (“the registration court”). The above‑mentioned documents were appended to the application. On 10 December 2008 the registration court requested that the applicant association submit evidence concerning the nationality of its founding members, a requirement with which the applicant association complied.
9.  On 18 February 2009 the registration court refused to register “the voluntary association of physical persons named in the application as Stavropegic Monastery of Saint John Chrysostom”. It found that the application for registration did not meet the requirements laid down in sections 1 and 2 of the 2007 Act on the legal status of a church, religious community and association (“the 2007 Act”, see paragraphs 14 and 15 below) in that (a) it referred to a form of voluntary association of physical persons which was not covered by the Act and (b) the registration of the applicant association “would violate the freedom of religion ‑ provided for in the Convention and the Constitution ‒ of other lawfully registered voluntary associations of physical persons”. As to the former, the court held that the 2007 Act provided for the registration of churches, religious communities and groups but not of other religious entities, in this case a “monastery” (манастир), as specified in Article 1 of the applicant association’s Charter. The court did not elaborate further on the second ground on which it based its decision.
10.  The applicant association complained about that decision, arguing that it had sought to be registered as a religious community under the name specified in the founding documents, which was evident from the application for registration. It also submitted that non-registration was a very drastic measure (in this connection it argued that the court should have indicated any shortcomings that were to be rectified). The court had failed to explain whose religious beliefs would be affected by its registration. Assuming that it referred to the followers of the MOC, the court had not explained how its registration would violate their rights. The applicant association pointed out that in 2002 the registration court had refused to register it as a non-governmental organisation and had ruled that an association with such a name should seek registration under the legislation regulating religious communities and associations that was in force at the time.
11.  On 29 April 2009 the Skopje Court of Appeal dismissed the applicant association’s appeal and upheld the lower court’s decision, endorsing the reasons given therein.
12.  On an unspecified date, O.M. lodged an appeal with the Constitutional Court complaining of a violation of freedom of thought and discrimination on religious grounds owing to the refusal by the registration court to register the religious community with which she was associated.
13.  By a decision of 9 September 2009 the Constitutional Court rejected the constitutional appeal, finding that O.M. had not sought protection of her rights and freedoms but “had complained on behalf of the religious community with which she was associated”. It also held that the complainant “had sought protection of freedoms and rights only formally... without submitting any arguments, evidence or facts ...”. Lastly, the court stated that the complainant had requested that it review the application of the law by the registration court in the proceedings for the registration of the religious community, which, according to the Constitutional Court, was beyond its jurisdiction (U.br.189/09).