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Azerbaijani Presidential Administration comments on Venice Commissionâ€™s opinion on draft amendments to law on political parties

20 December 2011 15:29 (UTC +04:00)

He enumerated the issues in which Azerbaijan doesnâ€™t agree with the Venice Commission: â€œOne of these issues related to the participation of foreigners or stateless persons in establishing political parties, joining the race for power or financing the political parties. We couldnâ€™t allow it.

The second issue is closing or suspension of a party which chose violent way against the Constitutional system. We said that every party, which chose violent way against the Constitutional and political system of Azerbaijan, would be closed or its political activity would be suspended. This is a norm confirmed by the Constitution of Azerbaijan.

The third one is the minimum membership for the political parties. We consider that the number of current parties is not adequate to the number of population and political atmosphere of the country. It is too much. Therefore we noted the enlargement, merger or consolidation of the political parties as the basis of the law. We consider that for the registration the political party needs to submit the list of 5000 supporters or members, but Venice Commission representatives considers that this figure is enough to be 1000. This is their version, but they donâ€™t substantiate it. We fundamentally defend our position on this issue, because we think that the political party having less than 5000 members can not join the race for power dynamically. Even it can not collect 5000 signatures for the election of one of its members to the parliament. So it can not claim to be funded by the government. We think that this principle will not prevent the parties in their political activity, but will promote their development as the united and consolidated forces.

The fourth issue was the procedure for closure of the political parties, this procedure was described in our draft law as follows: If a political party violates law on political parties, struggles violently against the constitutional system, measures are taken about this party.

Firstly, a notice is given, then fine is imposed and finally, the Justice Ministry files an application on closure of the party and the court passes a judgment. This is the most democratic principle that complies with the legal norms, in all countries political parties are closed in this manner. The experts of the Venice Commission have views regarding this, too. They can continue thinking so. Anyway, we have brought the establishment of political parties in Azerbaijan into compliance with the democratic norms of Europe, of the world.

Since this law has been prepared in Azerbaijan, it should be in compliance with the political environment of Azerbaijan, political life and constitutional system of our country, meet the requirements of the Constitution.

Ali Hasanov did not rule out amendments to the draft law on political parties.
â€œAmendments can be made to the draft law. To this effect the members of the Azerbaijani parliament must reach an understanding as a result of exchange of views. So, it depends on the parliamentarians whether the amendments will be made or not. The parliament will adopt this law. Therefore, depending on the will of the parliament this law can be amended, cancelled, or other decision can be adopted,â€ he said.

According to Ali Hasanov, the political parties registered up to now will not need re-registration after the law on political parties is adopted.
â€œOf course, the law has no retroactive force. The registration of the existing parties will be valid,â€ he said.

Official of the Presidential Administration did not say when the draft law on political parties will be submitted to the Azerbaijani parliament.
â€œI think the gate for the draft law to the parliament has been opened, the document will be submitted to the parliament,â€ he said.