Political Parties in the Europan Court of Human Rights' Case-law

Abstract

This paper analyses the European Court of Human Rights' case-law concerning political parties. In conjunction with the Venice Commission, the Court is laying the foundations of a European Party Law. The Court has declared that article 11 of the European Convention on Human Rights (freedom of assembly and association) applies to political parties. In its case-law, the Court has underlined the primordial role played in a democratic regime by political parties enjoying the freedoms and rights enshrined in Article 11 (freedom of assembly and association), in Article 10 (freedom of expression) and also in Article 3 (right to free elections) of the Protocol to the European Convention on Human Rights. All restrictions of parties' rights and freedoms are to be construed strictly. However, political parties whose leaders or members incite to violence or put forward a policy which fails to respect democracy or which is aimed at the destruction of democracy cannot lay claim to the Convention's protection.