A. International standards
This Joint Opinion analyses the draft amendments from the viewpoint of their compatibility with international standards on political party and campaign financing and OSCE commitments as well as Council of Europe standards. International standards relevant to the financing of political parties and election campaigns are found principally in the United Nations (UN) Convention Against Corruption[1] and, since the regulation of the financing of political parties affects the freedom of association of political parties and their members, in Article 22 of the International Covenant on Civil and Political Rights,[2] and Article 11 of the European Convention on Human Rights (ECHR),[3] which both protect the freedom of association. The right to free elections guaranteed by Article 3 of the First Protocol to the ECHR is also of relevance. This Joint Opinion further takes into consideration OSCE commitments, in particular on the protection of the freedom of association (1990 Copenhagen Document, par 9.3) and free and periodic elections (Copenhagen Document, pars 5, 6, 7 and 8).
[1] UN Convention Against Corruption, adopted on 31 October 2003, ratified by Serbia on 20 December 2005, available at:
http://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf.
[2] The International Covenant on Civil and Political Rights (adopted by General Assembly resolution 2200A (XXI) on 16 December 1966). This Covenant was succeeded to by Serbia on 12 March 2001.
https://treaties.un.org/doc/Publication/UNTS/Volume%20999/volume-999-I-14668-English.pdf.
[3] The Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms, entered into force on 3 September 1953. The Convention was ratified by Serbia on 3 March 2004.
http://www.conventions.coe.int/Treaty/en/Treaties/Html/005.htm.
