THE ROLE OF THE COUNCIL OF STATE IN ACHIEVING THE BALANCE BETWEEN THE PROTECTION OF RIGHTS AND THE PRESERVATION OF PUBLIC ORDER IN MATTER OF POLITICAL PARTIES DISPUTES
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Abstract
In order to preserve rights and freedoms- in particular those in relation to the creation of a political party- the legislator granted the State Council several powers vis-à-vis the administration, considering the power of decision in appeals concerning political parties’ disputes. The legislator has in fact surrounded these disputes with specific measures, in organic law n° 12/04 relating to political parties. Although the desired objective of this judicial control is the strengthening of the principle of legitimacy and the achievement of the balance between the preservation of rights and freedoms on the one hand, and the requirements of the preservation of public order on the other hand. It is however clear that this involves certain difficulties likely to reduce the effectiveness of the role of the Council of State in protecting the right to create a political party.
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