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Artyomov v. Russia, dec., No. 17582/05, ECtHR (First Section), 7 December 2006

Abstract

Refusal to register as a political party an association openly declaring affiliation with a particular ethnic or religious group. Electoral competition between political parties based on ethnic or religious affiliation.

Normative references

Art. 11 ECHR

Ruling

1. The refusal to register a political party whose name advocates the promotion of the interests of a particular ethnic group is legitimate, whereby it would be perilous to foster electoral competition between political parties based on ethnic or religious affiliation.

2. The ability of an association to nominate candidates at elections can be restricted, by virtue of the States’ considerable latitude to establish the criteria for participations in elections, which vary in accordance with the historical and political factors peculiar to each State.

(In the present case, the Court unanimously declared inadmissible the application lodged by the leader of a public movement whose registration as a political party had been refused on the ground that it was based on affiliation with a certain ethnic group).

Notes

For the decision of a case similar to the present one, see also judgment Gorzelik and Others v. Poland by the Grand Chamber.