ABSTRACT
The chapter examines the measures that the Turkish Government enacted to face the judgments of the ECtHR concerning the violation of the right to political participation as envisaged in Art. 3 of Protocol 1, which calls into question old features and new challenges. In spite of the solid jurisprudence on the ban of political parties the ECtHR developed, this study focuses on the consequences of a party’s dissolution for its members. The allegations of violating political rights by imprisoning potentially successful candidates for opponent parties or by lifting the parliamentary immunity are also at stake in the present analysis.
Part I introduces the Turkish legal system, underscoring the backsliding towards a competitive authoritarianism and explaining the relevant legal provisions for the topic at hand. Part II presents the cases, focusing on the “democratic argument” and on the costs deriving from the judgment. Part III finally deals with the measures introduced both to implement the judgments – usually consisting in a devoted action plan – and to avoid future violations conducive to further condemnations.
