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 61
 

The Venice Commission agrees with the previous observations of the Council of Europe expertsthat the range of sanctions applicable under Legislative Decree no. 2011-87 “is limited and leaves in practice little flexibility for modification” and “could be extended and supplemented by fines more in keeping with the nature of the offence”, and one may “wonder in this case about the proportionality of” the sanction of dissolution of the political party in relation to the offence – since in the “countries where the dissolution of a political party is authorised, it is pronounced by the Constitutional Court and penalises not a violation of the legislation on the financing of political parties but a violation by the political organisation of the country’s constitutional values”. Seen in this light, it should therefore be noted, as a positive development, that the draft law no longer provides for the suspension of the party’s activity, that it reduces the list of offences that may be penalised by the dissolution of the party, that it introduces a range of graduated fines, and that it provides penalties both for the party itself and for the individuals responsible. This last point complies with the requirements made by the Venice Commission in other opinions; it is nevertheless recommended that it should go further and make it clear that financial agents or other party officials may also be individually penalised for certain offences such as the submission of incorrect or incomplete data, e.g. in financial reports.