Article 10 of the draft amendments amends Article 21 of the Law, so that political parties shall not have the right to be involved in entrepreneurial activity, give property belonging thereto by the right of ownership for lease, as well as be the founder or participator of a commercial legal person. Pursuant to Article 22 of the draft amendments, Article 10 enters into force later than the rest of the law on 1 December 2021. While it is possible and perhaps desirable to curb the commercial activities of political parties, such curbs have to be proportionate and equally applied to all. Instead of a blanket ban on property lease, bans of leasing property to public or semi-public entities38 and provisions indicating that such lease cannot be significantly or disproportionately higher than the current market prices should be considered. In addition, to avoid that lease of property is used to circumvent restrictions of donations from legal entities, the Commission for Prevention of Corruption should have the right to review and question all the financial documentation, including the terms/value of contracts. Regulations of political finance should not be used as a way to indirectly deal with the improper conduct of privatisations, which should be addressed as such. The issue should be reassessed to ensure compliance with Article 1 of the First Additional Protocol to the European Convention on Human Rights: even if there is a legitimate aim, restrictions regarding property acquired prior to the entry into force of the law should respect the principle of proportionality and be non-discriminatory.
