Article |
10
1. As well as on the decision of its members, agreed on the basis of the causes and through the procedures established in its statutes, a political party may only be dissolved or, as the case may be, suspended on the decision of the competent judicial authority and according to the terms set forth in sections 2 and 3 of this article. The dissolution will take effect as soon as recorded in the Register of Political Parties, after receiving the notification from the political party or the judicial body responsible for decreeing the party's dissolution. 2. The judicial dissolution of a political party shall be agreed by the competent jurisdictional body in the following cases: a) When the party engages in events classed as illegal association in the Penal Code. b) When the party continuously, repeatedly and seriously infringes the requirement of a democratic internal structure and operation, in accordance with that set forth in articles 7 and 8 of this Organic Law. c) When the party's activity repeatedly and seriously breaches the democratic principles or endeavours to deteriorate or destroy the system of freedoms or disable or eliminate the democratic system through the conduct referred to in article 9. 3. The judicial suspension of a political party shall only be appropriate if so established in the Penal Code. It may also be agreed as a precautionary measure by virtue of that set forth in the Law on Criminal Procedure or in the terms of section 8, article 11 of this Organic Law. 4. The event provided for in paragraph a), section 2 of this article shall be judged by the competent judge in the criminal jurisdictional system, in accordance with that set forth in the Organic Law on the Judiciary, the Law on Criminal Procedure and the Penal Code. 5. The events provided for in paragraphs b) and c), section 2 of this article shall be judged by the Special Chamber of the Supreme Court, regulated in article 61 of the Organic Law on the Judiciary, in accordance with the procedure established in the following article of this Organic Law, which will be of a preferential nature. 6. The possible coincidence in time of the judicial procedures provided for in the previous sections 4 and 5 of this article against the same political party shall not interfere in the continuation of both until their completion, each producing their respective effects. On the other hand, the voluntary dissolution of a political party may not be agreed if a judicial declaration process of illegality has been initiated against that party as per section 4 or 5, or both.
|