Scroll Top

Publications

Is the Ban on Political Parties a Common Practice in Europe, as some Georgian politicians claim?

Several Georgian politicians, including Georgian Dream MP Nino Tsilosani, have claimed that banning political parties is a common practice in Europe, citing approximately 150 such cases across various countries. However, Myth Detector examined this assertion and found it misleading, as it fails to mention that the banned parties are predominantly Nazi, communist, separatist, or Islamist, and were prohibited due to violent, terrorist, hate-promoting, or discriminatory activities.

On September 5th, a Georgian Dream MP, Nino Tsilosani, published a post on her Facebook page about the banning of political parties in member states of the Council of Europe. According to Tsilosani, there have been around 150 such cases, including 22 in Ukraine, 13 in France, 9 in Romania, 4 in Spain, 3 in Italy, 3 in the Netherlands, and similar cases in Belgium, Germany, Austria, Estonia, Moldova, the United Kingdom, and other countries.

It is noteworthy that on August 21st, Prime Minister Irakli Kobakhidze spoke about the potential banning of opposition parties in Georgia. He repeatedly stressed that banning parties found guilty of wrongdoing is a common practice, especially in countries that are candidates for EU membership. He voiced the same claim during an appearance on the program “Imedi Live” on September 4th.

Irakli Kobakhidze: “One by one, political parties are being banned in Ukraine and Moldova, but there are positive evaluations regarding this, including from the European Union. This is considered a normal process.”

Picture 2
Nino Tsilosani’s statement about the ban on political parties is manipulative. She fails to clarify that the banned parties in these countries are predominantly Nazi, communist, separatist, or Islamist, and were prohibited due to violent, terrorist, hate-promoting, discriminatory, or separatist activities. This omission creates the false impression that banning opposition parties is a common practice in Council of Europe member states, which is not true.

In reality, the issue of banning parties in these countries is regulated not only by domestic law but also by the European Convention on Human Rights. As the Venice Commission explains, banning a political party is an extreme measure that must be applied only in exceptional cases and with sufficient evidence, respecting principles of fair trial and proportionality. It applies only to parties that use violence or advocate for the violent overthrow of the democratic constitutional order, undermining constitutionally guaranteed rights and freedoms.

The numbers Nino Tsilosani refers to are from an article by Ukrainian researcher Bohdan Bernatsky, titled “Why and when democracies ban political parties: a classification of democratic state orientations to party bans,” published this year. The appendix of the article lists specific groups included in these figures:

Austria National Socialist Workers Party Banned in 1945 under anti-fascist legislation.
National Democratic Party Banned in 1988 by the Constitutional Court for violating anti-Nazi laws.
Belgium Flemish Bloc An ultra-right secessionist party was banned in 2004 for discriminatory policies.
Flemish National Union Banned in 1945, for collaboration with the Nazi regime during Belgium’s occupation.
Party Rexiste Banned in 1945, for collaboration with the Nazi regime during Belgium’s occupation.
UK Slaughtneil Republican Club A militarist organization was banned in 1967 to maintain peace and order in Northern Ireland.
Germany Socialist Reich Party An openly neo-Nazi party banned by the Constitutional Court in 1952
Communist Party of Germany A far-left party banned by the Constitutional Court in 1956 for revolutionary activities.
National Democratic Party A far-right, neo-Nazi, ultra-nationalist party whose ban was attempted several times (in 2011, 2012, and 2016) due to terrorist activities and actions against the constitution. In 2023, the party changed its name and still exists.
Spain Basque Nationalist Action/Basque Patriotic Action Banned in 2008 for its ties to the separatist party Batasuna.
Communist Party of the Basque Lands A separatist party banned in 2008
People’s Unity; We, the Basque People (Batasuna) Banned in 2003 for its connection to the separatist group ETA, recognized as a terrorist organization in many countries.
Union of Socialist Patriots Prohibition to create a political party in 2007
Estonia Communist Party of the Soviet Union Banned in 1991 after the country gained independence.
Italy National Fascist Party/ Republic Fascist Party Benito Mussolini’s party was declared dissolved in 1943 and banned from reformation.
New Order Banned in 1974 for attempting to reform the fascist party.
National Vanguard A neo-fascist, neo-Nazi group was banned in 1976. The group sought to revive fascism and its members were involved in several terrorist attacks.
Netherlands CP’86 A far-right party was banned in 1998 for criminal activities.
Dutch People’s Union A far-right ethnonationalist party known for anti-Semitic, neo-Nazi positions. The Dutch court banned the party in 1978 but did not order its dissolution, so it continues to exist.
National Socialist Movement A fascist and Nazi movement, the only functioning party during the Nazi occupation in World War II. Banned in 1945 for collaboration with the Nazi regime.
Nationaal Europese Sociale Beweging The neo-Nazi movement, founded by a former SS officer, was banned by the country’s Supreme Court in 1956.
France Action for the Renaissance of Corsica A nationalist party was banned in 1995 for violent and provocative actions.
Barakacity An Islamist group was banned in 2020 after social media posts calling for radicalization following the murder of a French teacher.
Federation of National and European Action A far-right, neo-Nazi organization dissolved in 1987 for organizing violent demonstrations.
Identity Generation A far-right, ethnonationalist movement was banned in 2021 for inciting discrimination, hate, and violence.
Muslim Brotherhood Sanabil (The Ears) It was banned in 2016 due to its association with the Islamist Muslim Brotherhood.
Nationalist Youth It was banned in 2013 after a left-wing student was killed in a street confrontation with the participation of a far-right group.
New Order The far-right group was banned in 1973 for inciting street clashes with the far-left Communist League.
Service of Civic Action A military group that was banned in 1985 after several murders during internal conflict.
The French Work The armed group was banned in 2013 for inciting violence and hatred.
Envie de rêver It was banned in 2013 due to incitement to violence and hatred.
Association of Muslims of Lagny-sur-Marne Banned in 2016 due to radical Islamism.
Supras Auteuil 91 Banned in 2010 for repeated acts of property damage and incitement to violence and discrimination.
The Authentiks Banned in 2010 for repeated acts of property damage and incitement to violence and discrimination.
The New Association of Boulogne Boys Banned in 2008 for repeated acts of property damage and incitement to violence and discrimination.

It is important to note that not all groups listed are political parties. For example, in France, the last three associations mentioned were football fan groups.

This trend is also seen in a 2017 article that studied the practice of banning political parties in democratic European countries between 1945 and 2015. The article provides a table explaining the reasons for bans: anti-democratic ideology, non-democratic internal organization, violence, and the protection of the present order.

Picture 3

As for Romania, it is noteworthy that the Communist Party (Nepeceriști) was denied registration by the Bucharest court in 1996 due to unconstitutional communist doctrine. However, the European Court of Human Rights later ruled that this decision violated the European Convention on Human Rights, and the party was registered in 2006.

The European Convention on Human Rights is precisely the international treaty that should be considered alongside a country’s domestic laws when banning political parties. The Venice Commission’s guidelines on the dissolution and prohibition of political parties explain that such decisions by states must comply with the Convention. According to the guidelines, party activities are guaranteed by the right to freedom of assembly and may only be sanctioned if the parties do not respect certain rules. Moreover, it is emphasized that the dissolution or ban is justified only for parties that use violence to overthrow the democratic constitutional order and undermine constitutionally guaranteed rights and freedoms. Additionally, the ban or dissolution of a political party should be used as a particularly far-reaching measure, and before applying to the courts for such a request, the government should assess the country’s situation to determine whether the party really represents a danger to the free and democratic political order or to the rights of individuals and whether other, less radical measures could prevent the said danger.

According to the Venice Commission, a decision to ban or dissolve a party should be made by the Constitutional Court, based on the principles of an open and fair trial. Declaring a party unconstitutional should be an exceptional case, respecting the principle of proportionality and requiring sufficient evidence that the party as a whole, not just its individual members, is engaged in unconstitutional activities.

Regarding Ukraine and Moldova, manipulative claims about party bans have been repeatedly circulated. In reality, the bans in these countries affected parties linked to Russia, not undesirable opposition parties. You can read more on this topic in an article by Myth Detector: