In the Court’s
view, the State is entitled to take preventive measures to protect
democracy vis-à-vis such non-party entities as well, if a sufficiently
imminent prejudice to the rights of others undermines the fundamental
values upon which a democratic society rests and functions. One of such
values is the cohabitation of members of society without racial
segregation, without which a democratic society is inconceivable. The State
cannot be required to wait, before intervening, until a political
movement takes action to undermine democracy or has recourse to
violence. Even if that movement has not made an attempt to seize power
and the danger of its policy to democracy is not sufficiently imminent,
the State is entitled to act preventively, if it is established that
such a movement has started to take concrete steps in public life to
implement a policy incompatible with the standards of the Convention and
democracy
Vona v. Hungary, ECHR, app. no. 35943/10, 09.07.2013., para. 57.
No comments:
Post a Comment