Political pluralism in Turkey in the light of the judicial decisions of the European Court of Human Rights

Abstract

The paper outlines the process of creating institutions of political pluralism in Turkey and discusses the origins of the present state of Turkey and political parties operating in it. The author deals with the limits of political pluralism which are practically created by the Turkish Constitutional Tribunal that has rights to solve political groups propagating postulates or acting not in agreement with the Constitution of 1982. It should be admitted that the limits of the pluralism shaped by the interpretation of the law and the judicial decisions of the Turkish Tribunal are narrowed down. Within the latest years, 15 political parties were dissolved. Four groups appealed against the decision to the European Court of Human Rights in Strasbourg. The present paper presents reasons of dissolving the parties and the Strasbourg Tribunal’s assessment concerning the legitimacy of the decision. In case of the three suing parties, the Tribunal stated that the solution was not in accordance with the European Convention of Human Rights. Only one party was dissolved complying with European standards of human rights, although in this case the judges detected a series of imprecision (the sentence was voted 4 to 3).Turkey has been trying to become a member of the European Union for many years. A large team of opponents who object to integration of this state exists within the structures of the EU. One of the crucial arguments against membership of Turkey in the European Union is its failure to comply with the law. Therefore, in order to become a rightful member of the European Community, Turkey must adjust its law and, first and foremost, its practical application to the standards of human rights. This also concerns political pluralism and freedom of organizing which seem to be the most significant matters.