Constitutional Court rejects challenges to unconstitutionality filed by three parties and ruled that contested provisions of Law on Political Parties constitutional

The Constitutional Court has rejected the challenges to unconstitutionality submitted by three political parties and has declared the contested provisions of the Law on Political Parties to be constitutional. According to the President of the Constitutional Court, Domnica Manole, the ruling confirms that the dissolution of a successor party to a formation declared unconstitutional does not occur automatically, but may be ordered only following an individualized judicial assessment and with full respect for procedural safeguards.

In a briefing held after the ruling was delivered, Domnica Manole explained that Parliament has prohibited the creation or use of a political party for the purpose of continuing the activity of a formation declared unconstitutional, treating such a practice as a fraudulent exercise of the right to political association.

The President of the Court specified that the courts will examine, as a whole, the operational, ideological, and behavioral continuity between the party declared unconstitutional and the alleged successor formation, and that the criteria set out by law do not create an automatic presumption of succession.

"The criteria do not operate in isolation and do not establish an automatic presumption that the party has the status of a successor party. They must be examined globally, contextually, and in relation to the reasons that led to the declaration of unconstitutionality," said Manole.

According to her, dissolution may be ordered only if the court finds, on the basis of the evidence presented, that the party is engaging in activities prohibited by law. At the same time, mere past membership in a party declared unconstitutional is not sufficient for applying this measure; it is necessary to demonstrate an active role of the party leadership in the actions that led to the declaration of unconstitutionality.

The Court further held that when the violations do not justify dissolution, the court may apply an alternative measure – the temporary restriction of the party’s activities – which ensures compliance with the principle of proportionality.

Referring to the restriction of the activities of political parties, Domnica Manole noted that the law allows this measure to be applied in cases such as undermining electoral processes, disinformation campaigns, incitement to hatred, propaganda for military aggression, the promotion of extremist or terrorist messages, or large-scale corruption of voters.

According to the Court, the restriction of activity is temporary, for a period of up to 12 months, and the formation may resume its activity after the causes that prompted state intervention have been removed. The law also provides that, as a rule, the activity of a party may not be restricted during an electoral campaign, except in situations in which the party commits serious violations expressly provided for by law.

Domnica Manole also said that prior to issuing the ruling, the Court requested and analyzed the opinion of the Venice Commission regarding the status of and measures applicable to successor parties of formations declared unconstitutional. The Court’s ruling confirms that the contested provisions comply with the Constitution and provide the authorities with a legal mechanism to protect the constitutional order and democratic values.