NGOs under European Convention on Human Rights / Tymofeyeva

a political party, acted in the capacity of an applicant could be added to this figure. 316 The number of applications lodged with the Court by political parties as NGOs is lower than those lodged by business corporations. However, it is understandable because the quantity of political institutions in the member states is also smaller. Nevertheless, it cannot be said that the list of requests from the parties is very short. In their applications, political parties primarily invoke Article 11 of the Convention, complaining of violations of their right to freedom of association. Many cases concerned the dissolution of the political party. 317 In view of the fact that this issue was very vivid, the European Commission for Democracy through Law (Venice Commission), which is a body of the CoE, at its 41st plenary session, adopted the Guidelines on prohibition and dissolution of political parties and analogous measures. 318 In this document, the Venice Commission mentioned in particular, that political parties play an essential role in any democracy and that freedomof political opinion and freedomof association represent fundamental human rights guaranteed by the Convention, being primordial elements of any genuine democracy as envisaged by the Statute of the CoE. Except in the area of cessation of political parties’ activities, the cases under Article 11 of the Convention also covered issues of a statutory ban on the financing of a political party by a foreign political party, 319 refusal to register a political party respecting fundamental democratic principles, 320 the temporary ban of a political party on account of unauthorized gatherings, 321 or the unjustified ban on demonstration. 322 The other group of applications filed to the Court by political parties as NGOs concerns the complaints under Article 3 of Protocol No. 1 to the Convention (right to free elections). Relying on this provision of the Convention, the Communist Party ( ÖZDEP ) [GC], cited above; Georgian Labour Party , cited above; Grüne Alternative Wien , cited above; Parti nationaliste basque, cited above ; Partidul Comunistilor (Nepeceristi) , cited above; Presidential Party of Mordovia , cited above; Refah Partisi (the Welfare Party) [GC], cited above; Refah Partisi (the Welfare Party), cited above; Republican Party of Russia , cited above; Russian Conservative Party , cited above; Socialist Part, cited above; Socialist Party of Turkey (STP), cited above; The United Macedonian Organisation Ilinden – PIRIN, cited above; United Communist Party of Turkey, cited above; Herri Batasuna , cited above. 316 Linkov , cited above. 317 Democracy and Change Party, cited above; Dicle for the Democratic Party (DEP), cited above ; cited above; Refah Partisi (the Welfare Party) [GC], cited above; Refah Partisi (the Welfare Party) [GC], cited above; Republican Party of Russia , cited above; Socialist Party, cited above; Socialist Party of Turkey (STP), cited above; The United Macedonian Organisation Ilinden – PIRIN, cited above; Herri Batasuna, cited above; United Communist Party of Turkey, cited above; Demokratik Kitle Partisi and Elçi, cited above , and AYRES, T. Batasuna Banned: The Dissolution of Political Parties Under the European Convention of Human Rights , 27 B.C. Int’l & Comp. L. Rev. 99 (2004), http:// lawdigitalcommons.bc.edu/iclr/vol27/iss1/3. 318 Guidelines on prohibition and dissolution of political parties and analogous measures. Strasbourg, 10 January 2000, CDL-INF (2000) 1. 319 Parti nationaliste basque, cited above. 320 Partidul Comunistilor (Nepeceristi) , cited above. 321 Christian Democratic People’s Party v. Moldova , cited above. 322 Christian Democratic People’s Party (no. 2) , cited above.

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