Article 1 of the draft law “guarantees the freedom to establish political parties within a civil and democratic state”.  This wording echoes Article 35, paragraph 1, of the Constitution.  Nevertheless, it would be preferable to retain the wording used in Article 1 of Legislative Decree no. 2011-87, which refers more broadly to the “freedom to set up political parties, to join them and to conduct activities within them.” In this context, the Venice Commission would draw attention to the case law of the European Court of Human Rights that freedom of association within the meaning of Article 11 of the ECHR goes beyond the protection afforded for the establishment of an association and “lasts for an association’s entire life”. Among other things, this includes protection of opinions and freedom to express them, which “is one of the objectives of the freedoms of assembly and association as enshrined in Article 11”. Attention should also be drawn to the comments which the Venice Commission made previously about Article 35 of the Constitution, stressing the need to “include the principle of proportionality and necessity in a democratic society and the need to comply with international standards with regard to the permitted restrictions.” These comments, which are based directly on Article 11, paragraph 2 of the ECHR, are also relevant to Article 1 of the draft law.