Venice Commission criticises draft law on restrictions for former members of pro-Russian parties
The Venice Commission has prepared an opinion on the draft law limiting the participation of persons who were members of political parties banned in Ukraine, such as the OPZZH (Opposition Platform – For Life) and the Party of Sharii, in political life.
Source: European Pravda
Details: The Venice Commission prepared the opinion together with the Office for Democratic Institutions and Human Rights (ODIHR), as the issue concerns elections, among other things.
Draft Law No. 9081 provides for a restriction on the participation in political life of members of political parties whose activities were banned in Ukraine shortly after the start of a full-scale war. The ban will remain active for 10 years after the end of martial law in Ukraine.
"Given the exceptional historical situation in which Ukraine now finds itself, the Venice Commission and the ODIHR believe that the draft law is legitimately aimed at protecting, among other things, state independence, the democratic system and national security. However, it is automatically applied on the sole basis of party membership and that the person held an elected office, and indiscriminately, without distinguishing between party members who are actively involved in illegal actions attributed to the political party, and therefore, if elected, would pose a threat to the democratic order and national security, as well as those who performed 'neutral' functions," the conclusion states.
The Venice Commission and the ODIHR note that the restrictions concern a large group of individuals and impose collective responsibility on them for the illegal actions of the party that they belonged to, without considering each case separately, which "contradicts the principle of proportionality and may lead to arbitrary decisions."
The authors of the conclusion recommend that Ukraine:
– introduce "relevant criteria and effective individual assessment", on the basis of which restrictions on the right to be elected will be applied only to those party representatives who, by their actions and statements, created a threat to national security and democracy and actively contributed to the illegal goals of banned parties and therefore pose a threat in the event of re-election ;
– (after the abolition of martial law) reduce the period of validity of restrictions to the "shortest possible period" and ensure that a longer period of restrictions will be applied only to persons who are the most serious threat to national security and the democratic order, and based on the decisions of the relevant courts about their personal responsibility;
– provide persons subject to restrictions with access to procedural safeguards in the assessment process and the opportunity to challenge the restriction of their rights and request a judicial review of the decision to deprive them of the right to be elected.
"Implementation of these recommendations is important to avoid a negative balance between the legitimate goal of protecting the democratic order and national security of the state and the need to ensure equal conditions for political competition, without disproportionate impact on the vital role played by all participants in political life in ensuring pluralism, and without threats to representative nature of the legislative power," the conclusion states.
Reminder:
In September, Ukraine’s Parliament adopted the law On National Minorities, which included partial consideration of the recommendations of the Venice Commission.
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