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Eusko Abertzale Ekintza – Acciòn Nacionalista Vasca v. Spain, No. 40959/09, ECtHR (Third Section), 15 January 2013

Abstract

Dissolution of a Basque autonomist political party. Relationships between political parties and terrorist organizations.

Normative references

Art. 11 ECHR

Ruling

The decision to ban an autonomist political party to which, due to its support for a party linked to a terrorist organization, can be referred a political programme inspired to a model of society incompatible with the concept of “democratic society” is legitimate.

(In the case at hand, the Supreme Court of Spain ordered the ban of a Basque political party for its political and economic collaboration with a separatist party which had been dissolved due to its ties with the terrorist organization ETA).

Notes

According to the ECtHR, the dissolution of the applicant party did not amount to a violation of Article 11 of the Convention.
The judgment at hand aligns with the decision Herri Batasuna and  Batasuna v. Spain the Court delivered in 2009 with regard to the relationship between political parties and Basque separatism.