Last Monday, a major blow was dealt to
Portuguese pluralism when the Constitutional Court reinforced the
anti-democratic Political Parties Act.
The Portuguese democracy had been under threat
already since 2003, after the adoption of Act 2/2003 on political parties. With
this law, various barriers were created to creation and existence of small
political forces:
- Rules on financial transparency that are
impossible to comply with and punishable with fines that are higher than the
total annual budgets of small Portuguese parties;
- An increase of the number of signatures
needed (7,500) in order to found a political party;
- Parties are obliged to present candidates
for general elections or for a very high number of local councils (20% of all
councils in the country), otherwise they will face forced dissolution;
- Tough restrictions on private financing to
all political parties while not allowing public financing to small parties;
- All parties are obliged to have at least
5,000 members.
The compliance with this new law, of which the
constitutional basis is highly questionable, was enforced last Monday by the
Constitutional Court. This is a major attack on Portuguese democracy, but
certainly not the last one, as more are being prepared: PS and PSD, the two
biggest parties, are currently in negotiations to raise election thresholds for
the national parliament and to create a winner-takes-all system for local
elections. If
these two measures are taken, even the current medium-size parties will soon
disappear from the Portuguese politics.
Movimento Liberal Social finds it unacceptable
and profoundly anti-democratic to link the legality of political parties to a
high number of members. This high number can hardly be met by any new political
group in a society like Portugal where social and political participation by
the population is very low.
The recent enforcement by the Constitutional
Court of the 5,000-member rule draws Portugal dangerously close to shady
democracies such as Russia and Venezuela. It is incredible that the same
generation which gave Portugal its current democracy 30 years ago is now
dismantling it again.
If the current law
remains in effect, the Portuguese democracy will have its pluralism reduced
within 90 days (the time given by the Constitutional Court for parties to prove
their membership numbers), and Portugal will find itself among the European
countries with the lowest number of parties. The Portuguese political system,
already moribund, will only deteriorate further. Of the 14 political parties in Portugal, 8 to 10
are currently under threat of forced dissolution
and, with the exception of one party that is a merger of older parties, no
party created after 1975 will likely survive. The list of parties facing forced
dissolution includes parties that are currently represented in the national
parliament, regional parliaments and local councils.