GYLA has published a review of the European Court’s practice regarding the banning of political parties

Standards for banning political parties

The Georgian Young Lawyers' Association has published a review concerning the issue of banning political parties in the practice of the European Court of Human Rights. According to the organization, political parties play an essential role in ensuring democratic pluralism, which is why their dissolution is considered an extreme measure. Although the state has the right to protect the constitutional order, the exercise of this authority is subject to strict legal limitations. Formula+5

According to GYLA, if a political system loses its democratic character and the concept of "militant democracy" is used against political opponents, this may turn into a legal instrument for politically motivated repression. When dissolving a party, it is necessary to assess the proportionality of the interference, the relevance of the justification, and whether it was possible to achieve the legitimate aim through less restrictive measures. Formula+2

European Court practice

The review discusses nine cases from the European Court. According to GYLA, in seven cases the Court found a violation of Article 11 of the Convention because the dissolution of the parties did not meet the requirements of necessity and proportionality. In two cases, however, the Court deemed the ban justified. Publika+2

For example, in the case Refah Partisi and Others v. Turkey, the Court deemed the ban justified due to statements by the party's leaders that concerned the establishment of a system based on Sharia and the possibility of using force. Also, in the case Herri Batasuna and Batasuna v. Spain, the Court considered the dissolution of the parties reasonable due to their connection with the terrorist organization ETA. Conversely, in the case United Communist Party of Turkey and Others v. Turkey, the Court found a violation because the use of the word "Communist" in the party's name was not sufficient to justify its dissolution. Publika