Article 11 ECHR implies that states should not unduly interfere with the right of political parties to manage their own internal affairs.18 The draft amendments implement some of the recommendations previously made in the 2016 Joint Opinion and the 2019 ODIHR Opinion. Article 2 of the draft amendments abolishes the requirement of “unanimous” decision of at least 100 founders of a political party as a prerequisite of establishment of a party from article 8 para 2 of the Law. While the provision that the decision shall be adopted by 100 founders does significantly lower the burden for establishment of a political party and must be welcomed, it is not clear if a majority is required.19 The authorities informed OSCE/ODIHR and the Venice Commission that what is needed is that 100 people agree to create a party, whatever the number of participants; this should be made explicit. Additionally, by the time of registration, political parties still have to have at least 800 members. However, it is unclear if and how the State would verify the required number of founders at the founding congress, which seems to be a mandatory requirement. In order to promote political participation and political pluralism, and avoid possible confusion, it is recommended to refrain from a two-step process for the registration of political parties.
