Jernej Letnar Černič
Abstract
On 30 June 2009, the European Court of Human Rights delivered three decisions deriving from the situation in the Basque country, Herri Batasuna and Batasuna v. Spain, Etxeberría and Others v. Spain and Herritarren Zerrenda v. Spain. In Herri Batasuna and Batasuna v. Spain, the European Court of Human Rights upheld the dissolution of the political parties Herri Batasuna and Batasuna, whereas it held in Etxeberría and Others v. Spain and Herritarren Zerrenda v. Spain that the political groups, which wished to continue the activities of the illegal political parties, are also prohibited from presenting candidates in municipal, regional and autonomous community elections. Despite the Court holding that the dissolution of the political parties and groups was necessary and proportionate, it may have failed to establish the factual basis and therefore also its conclusions are subjected to criticism.
Key words
European Convention on Human Rights and Fundamental Freedoms, freedom of association, freedom of expression, fight against terrorism, Spain, the Basque Country, necessary in democratic society.