Linkov v. the Czech Republic, No. 10504/03, ECtHR (Fifth Section), 7 December 2006

Refusal to register a political party on the ground that one of its aims is anti-constitutional. Supposed legal continuity between a political party and past totalitarian regimes.

Art. 11 ECHR

1. The refusal to register a political party is a drastic measure that may be taken only in the most serious cases.

2. The refusal to register a political party is not necessary in a democratic society, as long as such party does not advocate any policy that could undermine the democratic regime in the country and does not urge or seek to justify the use of force for political purposes.

(In the present case, the Czech authorities refused to register a political party on the ground that one of its goals – namely, that of “breaking the legal continuity with totalitarian regimes” – was designed to destroy the democratic foundations of the State).

In the case at hand, the ECtHR unanimously found that the national authorities’ refusal to register the applicant political party violated article 11 of the Convention.