C. Registration and removal from the registry
Under Article 16.2 par c, the Electoral Commission of Malta may refuse to register a political party if it considers its purposes obscene or offensive. A similar provision appears concerning its emblem (Article 17.2.c). According to the European Court of Human Rights’ case-law, the “mere expression of a disturbing or offensive idea” is protected under the Convention,[1] and therefore should not be used as a ground to dismiss an application to register a political party.
[1] ECtHR, United Communist Party of Turkey and Others v Turkey, judgment of 30 January 1998, application no. 19392/92, paras 25, 43 and 46; ECtHR, Vona v Hungary, judgment of 9 July 2013, application no. 35943/10, para. 63.