Council of Europe - Venice Commission

> > KOSOVO - Kosovo - Opinion on the “draft law on amending and supplementing the Law no. 03/l-174 on the Financing of Political Entities (Amended and Supplemented by the Law no. 04/l-058 and the Law no. 04/l-122) and the Law no. 003/l-073 on General Elections

KOSOVO - Kosovo - Opinion on the “draft law on amending and supplementing the Law no. 03/l-174 on the Financing of Political Entities (Amended and Supplemented by the Law no. 04/l-058 and the Law no. 04/l-122) and the Law no. 003/l-073 on General Elections

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Paragraph 17

At the outset, the Venice Commission recalls that political parties are associations and as such they – and their members – enjoy freedom of association as defined by Article 11 of the ECHR and other international human rights treaties. In accordance with Article 11 of the ECHR, the freedom of association may only be restricted by law, for one of the listed purposes and to the extent “necessary in a democratic society”. Pursuant to Principle 7 of the Joint Guidelines on Freedom of Association, “associations shall have the freedom to seek, receive and use financial, material and human resources …” However, this freedom is subject, inter alia, to requirements “concerning transparency and the funding of elections and political parties, to the extent that these requirements are themselves consistent with international human rights standards.”