Poland - 1990 Party Law

Title Article 5
Article

5

1. When delivering, upon a petition by the Provincial Court in Warsaw or upon a motion of the Minister of Justice, a judgement on non-compliance of a political party's purposes or activities with the Constitution of the Republic of Poland, the Constitutional Tribunal may recommend that the party's constitution or programme be amended appropriately within the specified time limit.
2. If activities of a political party aim to change the political system of the Republic of Poland by violence or manifest themselves through arrangement by the party's governing bodies for the use of violence in public life, the Minister of Justice shall petition the Constitutional Tribunal to ban the party's activities.
3. The final and binding judgement of the Constitution Tribunal banning the activities of the political party shall result in the party being struck from the register.
4. Where a political party is struck from the register referred to in Article 4 (1) or its activities are banned, and as result of dissolution of the party, the party shall be wound up. The provisions of Chapter 5 of the Act of 7 April 1989 - Law on Associations (Journal of Laws No. 20, item 104 and of 1990 No. 14, item 86) shall apply accordingly to the winding-up procedure.

Categories - Activity and behaviour (Rule of law)
- Activity and behaviour (Violence)
- External oversight (Sanctions)
- External oversight (Subject of monitoring)
- External oversight (Type of authority)
- Programme and identity (Rule of law)
- Secondary legislation (Secondary legislation)