ABSTRACT

This chapter explores the extent to which it would be appropriate for the Court to develop human rights standards in the context of positive obligations in the European Convention on Human Rights. In no international human rights treaty is there a provision concerning the regulation of expenditure in relation to elections. Separate attention is devoted to four particular contexts in which human rights concerns might arise, namely, the public funding of political parties, the private funding of political parties, expenditure on election campaigning and expenditure on political advertising. Striking an appropriate balance between a free-for-all election, where there are no limits on funding and expenditure, and a strictly regulated election, where there are attempts to create a level financial playing field for all parties and candidates, is a serious challenge. International human rights treaties do not say much about elections. It seems that electoral issues are destined to become prominent in human rights disputes within Europe in the years ahead.