Spain - 2002 Party Law

Title Article 12. Effects of the judicial dissolution
Chapter CHAPTER II - On the organisation, operation and activities of political parties
Article

12

1. The judicial dissolution of a political party will produce the effects provided for in the laws and, in particular, the following:
a) After the dissolution sentence has been notified, the activity of the dissolved political party will be immediately stopped. Failure to comply with this provision will give rise to liability, in accordance with that established in the Penal Code.
b) Any acts executed with abuse of law or improper use of legal status will not impede the due application of the dissolution. Forming a new political party or using another already registered in the Register of Political Parties which continues or succeeds the activity of an illegal and dissolved party will be deemed fraudulent and inappropriate.
c) The dissolution will give rise to the initiation of an asset liquidation procedure, carried out by three liquidators appointed by the sentencing Chamber. The resulting net balance will be assigned by the Treasury to activities of social and humanitarian interest.
2. In the process of the execution of the sentence, it is the duty of the sentencing Chamber to ensure that all the effects established in the laws with regard to the dissolution of a political party are observed and executed.
3. In particular, after hearing the interested parties, it is the duty of the sentencing Chamber to declare the inappropriateness of the continuity or succession of a dissolved political party referred to in paragraph b), section 1. In assessing that connection, the Chamber will take into account substantial similarities between both political parties in their structures, organisation and operation, the persons who comprise, govern, represent or administer them, the origin of their funding or materials, as well as any other relevant circumstance, such as their readiness to support violence or terrorism, which enable the Chamber to assess said continuity or succession by comparing those facts with the information and data available to the Chamber during the process in which the illegalisation and dissolution were decreed. As well as the parties to this process, the Ministry of the Interior and the Public Prosecutor's Office may press the sentencing Chamber to adopt a decision, if the political party concerned attempts to register the party in the Register of Political Parties, as described in articles 4 and 5 of this Organic Law.
4. The sentencing Chamber will reject in a reasoned manner requests, incidents and pleas presented with clear abuse of law or entail improper use of legal status or abuse of the process of the court.

Categories - Activity and behaviour (Violence)
- External oversight (Sanctions)
- External oversight (Subject of monitoring)
- External oversight (Type of authority)
- Secondary legislation (Secondary legislation)
Source Friday, 28 June 2002, Official State Gazette No. 154