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

Standards for banning political parties

The Georgian Young Lawyers' Association has published a legal 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. Formula+3

It is noted in the review that the state has the right to protect the constitutional order, although the exercise of this authority is subject to strict legal limitations. GYLA emphasizes that if the political system loses its democratic character and the concept of "militant democracy" is used against opponents, this may become an instrument of politically motivated repression. Formula+2

European Court practice

Nine cases from the European Court are discussed in the document. According to GYLA's review, in seven cases the court established that the dissolution of parties did not meet the requirements of necessity and proportionality, while in two cases it deemed the ban justified. Publika+1

For example, in the case Refah Partisi and Others v. Turkey, the court deemed the ban justified because the party had the goal of establishing a Sharia system through the use of force and had a real possibility of coming to power. Also, in the case Herri Batasuna and Batasuna v. Spain, the ban was justified due to links with a terrorist organization. Conversely, in the case United Communist Party of Turkey and Others v. Turkey, the court established that the mere use of the word "Communist" in the name was not a sufficient basis for the dissolution of a party. Publika