Compendium of Standards, Good Practices and Recommendations
Box 5.3: Recognition of the civil and political rights of service personnel
in selected OSCE participating States
The right to join a
political party
The right to stand
for election
Freedom of
association
Recognized in legislation
Austria, Cyprus,
Germany, Italy, Malta,
Norway, Sweden,
Switzerland, the United
Kingdom
Albania, Austria, Cyprus,
the Czech Republic,
Denmark, Estonia,
Finland,159 Germany,
Italy,160 Latvia, Malta,
Montenegro, Norway,
Poland, Slovenia,
Sweden, Switzerland
Albania, Austria, Cyprus,
the Czech Republic,161
Denmark, Estonia,
Finland, Germany, Italy,162
Latvia, Lithuania, Malta,
Montenegro, Norway,
Slovenia, Sweden,
Switzerland
Prohibited or not
recognized
Albania, Azerbaijan,
Bosnia and Herzegovina,
the Czech Republic,
Denmark, Estonia,
Finland, Greece, Ireland,
Latvia, Lithuania,
Montenegro, Poland,
Romania, Slovakia,
Slovenia
Azerbaijan, Bosnia and
Herzegovina, Greece,
Ireland, Lithuania,
Romania, Slovakia,163 the
United Kingdom
Azerbaijan, Bosnia
and Herzegovina,
Greece, Ireland, Poland,
Romania, Slovakia164
A comparison of European military law systems highlights three approaches to the level of
political participation permitted for service personnel, namely:
• highly restrictive policies of political neutrality;
• moderately restrictive policies of political neutrality; and
• least restrictive policies of political neutrality.
165
Highly restrictive policies effectively ensure the invisibility of the armed forces in public
debate. This approach seeks to ensure neutrality by, in effect, isolating the armed forces and
separating them from active political involvement. Such policies may be justified by a desire
to avoid repetition of military intervention in political life (such as is the case in Spain).
Similarly, in Poland, Article 26(2) of the Constitution provides that “[t]he Armed Forces shall
observe neutrality regarding political matters and shall be subject to civil and democratic
159
Career soldiers cannot be elected as members of parliament.
160
Senior officers cannot be elected as members of parliament, or to regional or municipal authorities in the
district of service.
161
Trade unions are not allowed.
162
Political meetings cannot be attended in uniform.
163
Active duty military personnel cannot get involved on political party gatherings.
164
Active duty military personnel cannot take part in trade unions nor political party gatherings.
165
Georg Nolte and Heike Krieger, “Comparison of European Military Law Systems”, in Nolte, op. cit., note 8,
pp. 77 and onwards.
85
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