Home > 6 Political parties > TUNISIA - Opinion on the Draft Institutional Law on the Organisation of Political Parties and their Funding
 
 
 
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Paragraph 25
 

In this connection, the Guidelines stress that the European Court of Human Rights “has consistently ruled that requirements for registration do not, in themselves, represent a violation of the right to free association. As political parties may obtain certain legal privileges, based on their legal status, that are not available to other associations, it is reasonable to require the registration of political parties with a state authority. While registration as a political party is required, substantive registration requirements and procedural steps for registration should be reasonable.” The Venice Commission has also stated that “any requirements in relation to registration, however, must be such as are ‘necessary in a democratic society’ and proportionate to the objective sought to be achieved.” According to the Guidelines, “some states require political parties to publicly file a party constitution upon registration.  While such a requirement is not inherently illegitimate, states must ensure that this requirement is not used to unfairly disadvantage or discriminate against any political party. Such a requirement cannot be used to discriminate against the formation of parties which espouse unpopular ideas”. Lastly, “it is a legitimate requirement that political parties provide basic information with their application for registration defining their organisational structure. This is necessary given the need for responsible persons to be identified within the party for the receipt of communications from the state and for the operational oversight of certain activities such as elections.