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 62
 

Furthermore, the fact that there is still provision for dissolution of the political party for funding-related offences (such as the failure to publish its financial report) would appear to be very problematic.  In this connection, the Guidelines observe that in Resolution 1308 (2002) of the Parliamentary Assembly of the Council of Europe (PACE) on restrictions on political parties in Council of Europe member states, PACE makes the point in paragraph 11 that “restrictions on or dissolution of political parties should be regarded as exceptional measures to be applied in cases where the party concerned uses violence or threatens civil peace and the democratic constitutional order of the country.” Accordingly, the opportunity for a state to dissolve or prohibit a political party from forming should be exceptionally narrowly tailored and applied only in extreme cases.  PACE refers to the case law of the European Court of Human Rights, whereby “political parties are a form of association essential to the proper functioning of democracy” and “the exceptions set out in Article 11 are, where political parties are concerned, to be construed strictly; only convincing and compelling reasons can justify restrictions on such parties’ freedom of association.”