9

1. Political parties shall exercise their activities freely and, in doing so, must respect the constitutional values, i.e., the democratic principles and human rights. They will perform the functions constitutionally conferred on them democratically and with full respect for pluralism.
2. A political party will be declared illegal when its activity violates the democratic principles, particularly when through its activity the party seeks to deteriorate or destroy the system of liberties or disable or eliminate the democratic system through any of the following conduct, carried out in a repeated and serious fashion:
a) Systematically violate the fundamental rights and freedoms, promoting, justifying or exculpating offences against the lives or integrity of individuals, or excluding or persecuting individuals for their ideology, religion, beliefs, nationality, race, sex or sexual orientation.
b) Encourage, support or legitimate violence as a means of achieving political objectives or deteriorate the right conditions for exercising democracy, pluralism and political freedoms.
c) Supplement and politically support the action of terrorist organisations in achieving their objectives of subverting the constitutional order or seriously disturbing the public peace, attempting to subject public authorities, specific individuals or groups of society or the population as a whole to a climate of terror, or contributing to aggravate the effects of terrorist violence and terror and the intimidation generated by it.
3. It shall be deemed that the circumstances described in the previous section are present in a political party when any of the following conduct is repeated or joined:
a) Giving express or implicit political support to terrorism, legitimating terrorist actions to achieve political objectives outside the peaceful and democratic channels, or exculpating and minimising their meaning and the resulting violation of fundamental rights. b) Backing violent action with programmes and initiatives aimed at encouraging a culture of confrontation and civil unrest linked to the activity of terrorists, or aimed at intimidating, dissuading, neutralising or socially isolating those who oppose violence, forcing them to live in an environment of coercion, fear, exclusion or basic deprivation of freedoms, particularly, the freedom to voice an opinion and participate freely and democratically in public issues.
c) Regularly including in its management bodies or electoral lists individuals condemned for terrorist crimes who have not publicly repudiated terrorist aims and means, or holding a large number of members who are also members of organisations or entities associated with a terrorist or violent group, unless the party has adopted disciplinary measures against such members conducive to expulsion.
d) Using as instruments of the party's activity, jointly with the party's own instruments or instead of them, symbols, messages or elements that represent or are identified with terrorism or violence as well as with conduct associated with terrorism or violence.
e) Assigning, in favour of terrorists or those co-operating with them, the rights and privileges conferred on political parties by the legal system and, specifically, the electoral legislation.
f) Regularly co-operating with entities or groups which systematically act in agreement with a terrorist or violent organisation, or protecting or supporting terrorism or terrorists.
g) Giving support, from the institutions they are governing in, to the entities mentioned in the previous paragraph, through administrative, economic or any other type of measures.
h) Promoting, backing or participating in activities aimed at rewarding, honouring or recognising terrorist or violent actions or those who perpetrate them or cooperate in them.
i) Backing actions of disorder, intimidation or social coercion associated with terrorism or violence.
4. To appreciate and assess the activities mentioned in this article, as well as the continuity or repetition of such activities throughout the history of a political party, even after changing its name, the decisions, documents and communications of the party, its management bodies and its parliamentary and municipal Groups will be taken into account, as well as its public events and calls for citizen action, demonstrations, initiatives and public commitments of its leaders and members of its parliamentary and municipal Groups, the proposals presented in and outside the institutions, and the significantly repeated attitudes of its members or candidates.
Likewise, the administrative sanctions imposed on the political party or its members and the criminal sentences handed out to its leaders, candidates, elected posts or members for the crimes typified in Titles XXI - XXIV of the Penal Code, without the party having taken disciplinary measures against them conducive to expulsion, will also be taken into account.