Parties must be granted an opportunity to challenge state decisions restricting their activities or formation.
- The disqualification of a candidate should be made only on the most serious grounds. Candidates should have an opportunity to rectify technical errors in their nominations and to challenge their disqualification. All complaints relating to candidate registration should be resolved within a reasonable timeframe before election day so that successful candidates have sufficient opportunity to campaign.
- Party, candidate and ballot measure qualification require remedies that provide ballot access should requirements be met…
- Any interference of public authorities with the activities of political parties, such as, for example, denial of registration, loss of the status of a political party if a given party has not succeeded in obtaining representation in the legislative bodies (where applied), should be motivated, and legislation should provide for an opportunity for the party to challenge such decision or action in a court of law.
- The framework also must provide requirements for election officials and law enforcement personnel to honor equal protection of the law and provide effective remedies in securing proper election campaign conditions.
- The law should also provide the right to challenge a decision on political party registration.
- However, the Venice Commission and the OSCE/ODIHR take the view that, given the importance of political parties as vital instruments of the freedom of association and fundamental for the democratic process and the important consequences that the restrictions imposed on political parties may have, any restriction on political party freedoms must be capable of being submitted to review by an independent and impartial court, at least in the final instance. Moreover, the prohibition/dissolution of a political party must always be decided by an independent court.