Insight
France and Romania: Should far-right candidates be banned from running for the presidency? by Zselyke Csaky, 25 April 2025 Excluding candidates from standing in elections may be a legally sound option to protect democracy from anti-democratic forces. But it is an insufficient solution on its own. Romania and France have recently banned candidates from running in forthcoming elections, causing uproar domestically and internationally. While the circumstances and the reasons behind the bans are very different, the barring of candidates raises similar questions in both countries: are bans justified and, even if they are, do they harm democracy? When are election bans justified? Banning political parties or politicians on the basis of their politics is seen as a measure of last resort in democracies. Exclusions are a response to what is called the ‘paradox of democracy’ – the risk that anti-democratic actors may use democratic institutions and rights, including freedom of speech and assembly, to abolish democracy. As a response, many countries have enshrined in their legal systems the idea of a ‘militant democracy’, which defends itself against political actors undermining its foundations. Germany, for example, defines its political system as a militant democracy, allowing the courts to ban political parties. The European Court of Human Rights has established some parameters around party bans, arguing that they should be imposed by an independent judicial body and that the banned party should represent an imminent threat to the democratic order. There should be sufficient evidence that the party advocates violence or unconstitutional actions to overthrow democracy, or that it poses a real threat to citizens’ fundamental rights and freedoms. Certain countries additionally consider undermining the territorial integrity of the state as potential grounds for a ban. A political party’s or politician’s freedom of speech can also be restricted (by banning hate speech, for example). Bans on parties are relatively rare – CER INSIGHT: FRANCE AND ROMANIA: SHOULD FAR-RIGHT CANDIDATES BE BANNED FROM RUNNING FOR THE PRESIDENCY? 25 April 2025
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