Political parties are organisations established to perform political activities, such as standing for elections, nominating their candidates for official positions, participating in the work of the bodies to which their members have been elected, and implementing party programmes. The right to form and join a political party is a constitutionally protected right.
You may either support the activities of an already existing political party by participating in its activities, donating to it, or becoming a member of the party, or form your own political party.
note Members of certain professions where political impartiality is generally accepted as important for the fulfilment of official functions are prohibited from joining political parties. These include members of the national armed forces, prosecutors, and judges.
How to join a political party?
If you have decided to join a certain political party, you may either follow the instructions for joining indicated on the party’s website or get in touch with the party via the information available on the website. However, common practice is for parties to require recommendations from current party members in order to join, or, for some parties, to provide these recommendations following an interview.
As a member of a party, you have the right to:
- participate in the taking of party decisions
- elect the executive board and other bodies of the party
- run for candidate at the elections of party officials
- receive information regarding the activities of the party, as well as to freely express your opinion
- dispute the decisions taken by the party
- withdraw from the party
- decide on candidates for presidential, parliamentary and local authorities’ elections
Other rights as well as obligations of members may be provided for in the articles of association of the party.
How to establish a political party?
According to the Law on political parties, a party may be established by no less than 1000 citizens of the Republic of Moldova who have reached 18 years of age. To establish a political party, you must:
- draft its programme and articles of association
- have a foundation document following a constituent assembly
- have a list of members
- have a legal address
- elect its executive body
The Law on political parties also prescribes other criteria for the establishment of political parties, including requirements for the decision regarding the establishment of the party and registration of the party in the State Register of Legal Entities.
It also lists restrictions on the operation of parties. They disallow the taking of action against the sovereignty, territorial integrity of the Republic of Moldova, democratic values and the rule of law. They are prohibited from using illegal or violent means incompatible with democratic principles to achieve their objectives. Some restrictions also apply to the naming and symbolism of parties.
In the Republic of Moldova, it is forbidden to establish and operate political parties, other political organisations of foreign states, as well as their branches and structures, if they lead to questioning and defamation of the state and the people, incitement to war of aggression, national, racial or religious hatred, incitement to discrimination, territorial separatism, public violence, as well as other manifestations undermining the constitutional regime.
What human rights violation may there be?
The inability to join or establish a political party or restrictions on the party’s operation, including banning the party, may all constitute a violation of the freedom of assembly and association. International law allows restrictions on the operation of political parties, but the States have a narrow margin of appreciation – only convincing and compelling reasons can justify restrictions on the parties’ freedom of association.
Read more about the restrictions on freedom of association in this Guide.