Home > 1.1.3 Submission of candidatures > REPUBLIC OF MOLDOVA – Amicus curiae brief on the status of, and the measures concerning, successor parties of political parties declared unconstitutional
 
 
 
Download file    
 
 
Paragraph 61
 

The Venice Commission recalls that the dissolution of a political party should be taken only in the most serious circumstances and as a measure of last resort. According to European and international standards, any restrictions to the right of freedom of association enshrined under Article 11 ECHR and Article 22 ICCPR must be prescribed by the law, pursue a legitimate aim, and necessary in a democratic society. Whereas States enjoy a wider margin of appreciation when it comes to restrictions of electoral rights enshrined in Article 3 Protocol 1 to ECHR and Article 25(b) ICCPR as compared to limitations on the right of association, such restrictions must not be arbitrary, cannot lack proportionality, and should not amount to an unjustified interference with the free expression of the opinion of the people. At any rate, limiting a political party’s activities must be balanced with democratic pluralism. Democratic legitimacy requires that even unpopular or controversial political forces have some space, unless they clearly violate fundamental constitutional order.