Home > 6 Political parties > ARMENIA - Joint Opinion on the Draft Constituional Law on Political Parties
 
 
 
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Paragraph 51
 

In light of the international standards contained in the ICCPR and the ECHR, and reflected in relevant GRECO reports48, the grounds for suspension established in the draft law lack the necessary precision insofar as they refer to a “gross violation”. This is defined as “any violation concerning the donations of the publication of the annual statement of a political party, and the violation of any of the rules related to the foundation and registration of political parties”. This definition is quite vague, as it refers to a wide array of actions, without differentiating between, e.g., minor and more serious violations. The suspension of a political party is a particularly invasive and exceptional measure, and should only be imposed in the most serious cases involving particularly grave violations of the rules on donations or on reporting, if other less invasive measures have proven ineffective. The term “gross nature of the violation of the law” should reflect the gravity of the violation, while paying due regard to the proportionality principle as outlined in the Venice Commission and the OSCE/ODIHR Second Joint Opinion on the Electoral Code. It is recommended to restrict the definitions in Article 33.2 of the draft law explicitly to these types of violations.