Home > 6.3 Constitution of the list of candidates > ARMENIA - Joint Opinion on the Draft Constituional Law on Political Parties
 
 
 
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Paragraph 34
 

The draft law generally respects this criterion and the Armenian interlocutors expressed their approval of stipulating these basic principles regarding the functioning of political parties as a starting point, to ensure more internal democracy. In this context, it is noted that the limitations imposed on the freedom of political parties by some articles in the draft law do not appear to be necessary. A law on political parties should regulate the process of foundation, registration, financial auditing and possibly banning political parties, but it should only include basic provisions on the internal functioning of political parties. Bearing this in mind, the Armenian authorities should reconsider Articles 18 and 19 of the draft law, as they regulate rules and activities that should, by definition, be left to the leadership and members of political parties themselves, including the frequency of convening party congresses, and the decision-making processes within political parties. These are matters that should not be regulated by the state. The Minister of Justice explained during the meeting that these rules reflect the requirements contained in the Electoral Code (for example, the decision to join an alliance must be adopted by the congress of the party according to Article 81.4 of the Electoral Code). However, the draft law appears to go beyond certain issues that are regulated in the Electoral Code. As a case in point, the provision in Article 17 of the draft law requiring the programme of a party to set out how to fulfil the party’s goals and objectives is unduly specific. It is therefore recommended to limit as much as possible the rules on the internal functioning of political parties contained in those articles and to leave those matters to the internal decision-making process of individual political parties.