Limitarea neconstituţională a dreptului de asociere în partidele politice şi a dreptului de a fi ales prin legislaţia în domeniu şi influenţa acesteia asupra participării politice

Abstract

This article is based on three hypotheses. First, the legal requirements for establishing political parties in Romania are among the most restrictive in Europe. Second, electoral participation decreased globaly during the last two decades; however, when a party succeeded in registering and endorsed a non-ideological position, the electoral participation slightly increased; so, if the legal requirements will be relaxed, new parties might emerge and a greater participation to the elections might be taken into consideration. Third, the current legal procedure for registering political parties contradicts the constitutional provisions on the freedom of association and the right to be elected. In the light of this findings, the article suggest a revision of the current legislation.